Published tribunal order
Tenancy Tribunal case 4695551 — State of repair at Unit/Flat 5, 16 Totara Road, Manurewa, Auckland 2102
Decided 26 Jan 2024 · Published 26 Jan 2024 · Application 4695551
- State of repair
- Healthy homes
Party names are redacted in the official published order.
Order
- Property Empire Limited As Agent For Sanjeewa Silva must pay [The tenant/s] $1,420.44 immediately, calculated as shown in table below:
Reasons
- Both parties attended the hearing.
- [The tenant/s] claims that the landlord has breached their obligations under the tenancy agreement and under section 45 of the Residential Tenancies Act 1986 (‘RTA’).
- The tenancy agreement provides that heat pump, blinds and fridge/freezer are to be included as chattels to be provided with the tenancy.
- Under section 45 RTA, a landlord must provide and maintain the premises in a reasonable state of repair and comply with any relevant enactment in relation to buildings, health and safety.
- This is a newbuild property; as soon as the property was available for residential habitation with code compliance issued by Council, the parties entered into the tenancy agreement on 26 July 2023 for a fixed term commencing 1 August 2023 to 1 August 2024.
- The landlord is obliged to comply with all the terms of the tenancy agreement and the RTA.
- The blinds were only installed on 27 August 2023, about 4 weeks after the start of the tenancy. The tenant suffered loss of privacy and inconvenience. I consider weekly compensation of $150.00 appropriate in the circumstances. While the issue of the late installation of the blinds appears to be outside the landlord’s control, the landlord remains obliged under the tenancy agreement and the RTA to provide them on commencement of the tenancy.
- Similarly, the fridge/freezer should have been provided as it is clearly included in the chattels list. It was not in order for the landlord to consider that the inclusion of the chattel is a mere “typo”. The parties are contractually bound under the terms of the duly concluded tenancy agreement. I accept the tenant’s evidence that the new fridge purchased is $500.00 which represents his actual loss due to the landlord’s breach.
- Finally, the tenant has duly pointed out that the heatpump was not working properly on 8 August 2023. The heatpump technician later repaired the loss of gas a week later. I award the tenant $150.00 for loss of amenities and lack of heating for one week.
- Only the amounts ordered are proved. The tenant is also entitled to reimbursement of the filing fee and name suppression in the circumstances.