Published tribunal order
Tenancy Tribunal case 4612931 — Tenancy dispute at 48 John Rymer Place, Kohimarama, Auckland 1071
Decided 29 Aug 2023 · Published 29 Aug 2023 · Application 4612931
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.
- Barfoot & Thompson Limited Parnell As Agent For Ling Sun must pay [The tenant/s] $2,500.00 immediately, being $2,500.00.
Reasons
- Both parties attended the hearing. [The tenant/s] the tenants and Wenzi Liu and Francine Hughes as agents for the landlord.
- At the end of the hearing, the agents informed the Tribunal that the landlord has instructed new property managers.
- [The tenant/s] claim that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
- Under section 45, a landlord must comply with any relevant enactment in relation to buildings, health and safety.
- They seek compensation for the breach namely that the oven provided for the tenancy was an illegal oven, in that it did not comply with NZ standards. The oven in the property referred to is an industrial or commercial type oven.
- [The tenant/s] says the oven didn’t work properly. She complained several times about the oven not working since November 2022 to the agents. The agents say they tried to resolve the problem every time, even to the extent where the landlord went to show the tenant how to operate the oven.
- It was not until 30 May 2023 when the oven stopped again that another agent called a gasfitter. At this time, the gas fitter mentioned to the agent the oven was non-compliant with gas safety standards and warned the oven should not be used.
- A new gas oven was installed on 13 June 2023. This oven is now compliant.
- There is no dispute from the agent that the original oven failed to meet the gas standard and was not certified.
- The agent says the landlord lived in the property from 2014 to 2017 and used the oven with no safety issues arising. There is no response about whether the landlord was aware of the oven being non-compliant when the tenancy commenced.
- The tenant is concerned that agents and landlords should be aware of their obligations for meeting safety standards when renting out property.
- The sensible test for safety is not to wait for a problem to occur. The test for safety is to ensure reduction of risk before something becomes a problem. In high use and high-risk areas like kitchens, it is important safety standards are complied with and checked on a regular basis.
- The Tribunal is satisfied after hearing from the tenant and agent that compensation can be awarded.
- Because there was no actual safety problem that eventuated for the tenant (other than inability to use the oven properly on a fairly regular basis), the level of compensation is set at $2500.00.
- [The tenant/s] are seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order 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. Section 95A Residential Tenancies Act 1986.
- [The tenant/s] has been wholly successful in these proceedings. Having considered the factors in this case the Tribunal grants suppression of the tenant’s details as sought.