Published tribunal order
Tenancy Tribunal case 4560831 — Leaks
Decided 23 Aug 2023 · Published 23 Aug 2023 · Application 4560831
- Leaks
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- The landlord must carry out the following work to the premises, which must be completed by 1 August 2023: a. Repair the shower door and seal the shower to prevent leaking in the ground floor bathroom b. Repair the broken slider component of the shower door and reseal the shower unit to prevent leaking in the first-floor bathroom.
- As an alternative to compliance with Order 2, the landlord must pay the tenant $880.00 (the equivalent of 1 week’s rent) immediately after 1 August 2023.
- If the landlord fails to comply with either Order 2 or 3 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $1,000.00. These costs may be set off against rent payable.
- Barfoot & Thompson Limited - as agent for Ran Chen must pay [The tenant/s] $20.44 immediately being the filing fee on the application.
Reasons
- Both parties attended the hearing. [The tenant’s representative] represented the tenant. Mr Cao represented the landlord.
- The tenant has applied for a work order to repair the two showers at the premises each of which is leaking due to failed sealing, and each of which requires repairs to the shower doors.
- A leak in the kitchen sink has since been repaired.
- Under section 45(1)(a)-(ca) Residential Tenancies Act 1986 (RTA), the landlord has an obligation to provide and maintain the premises in a reasonable state of repair and other responsibilities.
- Where the Tribunal finds that the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) RTA.
- If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. Here, the order is made by consent (Mr Cao agreed to have the work done) but the Tribunal has still made a consequential money order in case the work is not done.
- A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) RTA.
Has the landlord failed to comply with their obligations?
- Mr Cao said the landlord was only aware of the kitchen sink repair, not the repairs to the shower. I do not accept that. The tenant’s application is dated 27 April 2023. It clearly states that repairs are required to the shower door and the leaking shower.
- However, if appears there might have been a misunderstanding around which email address the tenant should use to notify repairs.
- I have made a work order which Mr Cao said he will action immediately. The work must be done by an appropriate tradesperson. It must be completed by 1 August 2023. If not, the landlord must pay the tenant $880.00, the equivalent of 1 week’s rent.
- If the work is not done by then, the tenant is authorised to have the work done up to an amount of $1,000.00. The actual cost of the work may then be off-set against rent.
- As the application is successful, the landlord must pay the tenant’s Tribunal filing fee.
- The tenant sought (and is entitled to) a name suppression order as the application is successful. No suppression order is made for the landlord.