What was Tenancy Tribunal case 4609888 about?

The tribunal order states: The tenant’s name and identifying details, including the tenancy address must

How much money was awarded in case 4609888?

Compensation: $2,058.65 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4609888?

The primary dispute was State of repair. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4609888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9374905-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4609888 about?

The tribunal order states: The tenant’s name and identifying details, including the tenancy address must

How much money was awarded in case 4609888?

Compensation: $2,058.65 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4609888?

The primary dispute was State of repair. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4609888?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9374905-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4609888 — State of repair

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4609888. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for loss of amenity – no oven and stove	$2,058.65		Compensation for loss of amenity – no oven and stove
Filing fee reimbursement	$20.44		Filing fee reimbursement

The tenant attended the hearing in person. 1

David Li attended the hearing for the landlord. Background

The tenant seeks compensation for loss of amenity in the premises due to the stove and oven not working for about two years.

On 27 June 2021, the tenant left the stove on when she went to bed. As a result, the stove was damaged rendering the unit - an integrated stove and an oven - unusable.

The tenant explains the situation in her application as follows: I left my stove top on at night and the inside of it melted. I notified them right away. I paid the damages of 941.81$ in sept.22. I've had no compensation during the time I've had no kitchen. I've had to buy appliances to adjust. ESI have been inconsistent with the initial quote. The tradesmen finally came to do the job

may.23 that's 23 months without kitchen amenities Legal principles

Under reg 7 of the Housing Improvement Regulations 1947 the landlord must ensure that the tenant’s kitchen has “adequate means of preparing food and of cooking food, both by boiling and by baking”.

Under s 45(1)(b) of the Residential Tenancies Act 1969 (RTA), landlords must maintain the premises in a reasonable state of repair. That provision provides: 45 Landlord’s responsibilities (1) The landlord shall— (a) ... (b) provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes...

Breaching these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00: s 45(1A) and Schedule 1A of the RTA. 1 I heard this matter on 24 August 2023 at the Auckland District Court.

Landlords are liable for defects that they have knowledge of. They must repair defects within a reasonable time once they acquire such knowledge. As the author of Residential Tenancy Law in New Zealand explains: 2 The landlord’s obligation of repair is not absolute. A landlord does not have to foresee a latent and unobservable defect before it causes damage... A landlord therefore must repair within a reasonable time after knowledge of the need for repair: 3 “...the obligation of the landlord, under s 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be...” Discussion

The oven and stove unit was probably over 10 years old. Given ovens and stoves have a useful expected lifespan of about eight years, the unit had little- to-no value. It was due for replacement. Despite that, the tenant paid the landlord almost $1,000.00 towards the cost of repairing the unit, albeit the repair took a very long time.

The unit is integrated into the benchtop. It seems the unit is practically obsolete, and parts have become hard to come by. Finding contractors able to repair the unit and replacement parts has proved challenging. Despite Mr Li’s best efforts, the unit was not repaired on 24 May 2023. However, the oven remained unusable until 24 July 2023.

Mr Li emphasises that the rent at $330.00 is below market rate, which he says is due to the rent not being increased because of the problems fixing or replacing the unit.

I have regard to the fact the rent has not been increased. The inner-city apartment rental market is returning to pre-Covid levels. During Covid rental returns for the inner city decreased markedly due to the lack of international students and other visitors. Nonetheless, the stove and oven being an essential item should have been replaced or repaired within days, not years. Such amenities are fundamental to modern living and, indeed, that has been recognised in New Zealand since the Housing Improvement Regulations of 1947. 2 Stewart Benson Residential Tenancy Law in New Zealand (2018) Thomson Reuters at 6.18. 3 Collins v Professionals Hutt City Ltd DC Wellington CIV 2009-085-1431, 24 February 2010 at [15].

The tenant purchased an air frier, a slow cooker, and an electric frying pan to compensate for the lack of having an oven and a stove. But she should not have had to purchase those things. The landlord should have repaired or replaced the stove and oven because that is the landlord’s obligation. If the landlord opted to repair the original, it should at the least have provided the tenant with a temporary replacement in the two-year interim.

Mr Li says he was not told the oven was not working, only that the stove was not working. The tenant says that she may not have specifically mentioned the oven was not working until February of 2023, but she thought Mr Li was aware of it because she regarded the stove and the oven as an integrated unit. By “stove” she meant the stove and the oven as well. I consider that the tenant adequately informed Mr Li that the stove and oven were not working. In any event any miscommunication to the effect only the stove needed fixing did not delay the repair work done and would not have changed the landlord’s response which was to repair rather than replace the unit even if it took longer than might be desired. Conclusion

The oven and stove were not usable. It does not matter that it was made that so by the tenant’s being less than reasonably prudent. It was a “there but for the Grace of God” act that anyone could have done.

Two years to replace the stove and the oven is a long time by any measure.

I find the oven and stove were not maintained in a reasonable state of repair. The landlord did not repair them, or provide an alternative stove and oven, within a reasonable time. Compensation

Taking account of the tenant’s submissions and evidence and Mr Li’s, I set the tenant’s loss of amenity at 6 per cent of the weekly rent, being $19.80 from 27 June 2021 to 24 May 2023, when the stove was usable and at $10.00 per week from 25 May 2023 to 24 July 2023 when the oven became usable as well.

That amounts to $ 2058.65. Exemplary damages

By failing to maintain the premises to a reasonable standard of repair in respect to the stove and oven, the landlord committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages of up to $7,200.00 where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest.

However, the tenant has not applied for exemplary damages at the time of hearing. The Tribunal therefore has no power to award exemplary damages. 4 Filing fee

Because the tenant has been largely successful in her claim, the Tribunal orders the landlord to pay the tenant’s filing fee. Non-publication

The tenant asks for non-publication. The Tribunal must, on the application of a party that has substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The tenant has substantially succeeded in the proceedings. Publication is not in the public interest or justified by the tenant’s conduct or any other circumstances of the case.

Non-publication is granted.

Reasons

Claims and awards in Tenancy Tribunal application 4609888. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for loss of amenity – no oven and stove	$2,058.65		Compensation for loss of amenity – no oven and stove
Filing fee reimbursement	$20.44		Filing fee reimbursement

The tenant attended the hearing in person. 1

David Li attended the hearing for the landlord. Background

The tenant seeks compensation for loss of amenity in the premises due to the stove and oven not working for about two years.

On 27 June 2021, the tenant left the stove on when she went to bed. As a result, the stove was damaged rendering the unit - an integrated stove and an oven - unusable.

may.23 that's 23 months without kitchen amenities Legal principles

Mr Li emphasises that the rent at $330.00 is below market rate, which he says is due to the rent not being increased because of the problems fixing or replacing the unit.

Two years to replace the stove and the oven is a long time by any measure.

I find the oven and stove were not maintained in a reasonable state of repair. The landlord did not repair them, or provide an alternative stove and oven, within a reasonable time. Compensation

That amounts to $ 2058.65. Exemplary damages

By failing to maintain the premises to a reasonable standard of repair in respect to the stove and oven, the landlord committed an unlawful act.

However, the tenant has not applied for exemplary damages at the time of hearing. The Tribunal therefore has no power to award exemplary damages. 4 Filing fee

Because the tenant has been largely successful in her claim, the Tribunal orders the landlord to pay the tenant’s filing fee. Non-publication

The tenant has substantially succeeded in the proceedings. Publication is not in the public interest or justified by the tenant’s conduct or any other circumstances of the case.

Non-publication is granted.

Tenancy Tribunal case 4609888 — State of repair

At a glance

Tenancy Tribunal case 4609888 — State of repair

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions