Published tribunal order
Tenancy Tribunal case 4734749 — Smoke alarms
Decided 22 Mar 2024 · Published 22 Mar 2024 · Application 4734749
- Smoke alarms
- Healthy homes
- Exemplary damages
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 and landlord’s name and identifying details.
- BY CONSENT a. [The landlord/s] will pay [The tenant/s] $2,700 in full and final settlement of all claims arising out of their tenancy (the Settlement Sum). b. [The landlord/s] will pay the Settlement Sum in two instalments being (i) $1,350 on Wednesday 3 April 2024 and (ii) $1,350 on Tuesday 16 April 2024
- The tenant’s claims are dismissed for want of jurisdiction.
Reasons
- Both parties attended the hearing.
- The tenants sought compensation in the form of a rent refund following a notice to increase the rent which the tenant says is invalid, exemplary damages for a failure to state amount of rent when advertising/offering residential premises, exemplary damages for failure to comply with smoke alarm regulations, exemplary damages for a false or misleading Healthy Homes/insulation statement, exemplary damages for failure to maintain an oven and exemplary damages for failure to comply with Healthy Homes Standards.
- After hearing submissions and evidence from both parties the parties were able to come to a mutually agreed settlement figure and the dates upon which the landlord must pay it (in two equal instalments). The sum and dates are recorded in my order. In the light of this agreement the tenant’s application is dismissed for want of jurisdiction.
- Both parties requested name suppression and I have awarded this. I have awarded name suppression because the parties were ultimately able to resolve their issues. This could have been achieved in a private mediation. It is in the public interest that parties can settle their disputes outside of the formal Tribunal process and it was expedient for me to deal with this matter following the close of submissions and evidence. Both parties were also willing for the other to have suppression of their identifying details. (s 95A Residential Tenancies 1986).