How much money was awarded in case 4757254?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4757254?

The primary dispute was Smoke alarms. Related themes: Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 4757254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10125348-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4757254?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4757254?

The primary dispute was Smoke alarms. Related themes: Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 4757254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10125348-Tenancy_Tribunal_Order.pdf.

36 Everitt Road, Otara, Auckland 2023 Tenancy Tribunal Case 4757254 — Smoke alarms

Q: What was the outcome of Tenancy Tribunal case 4757254?

The tribunal order states: The tenant must allow the landlord access for the purpose of conducting an

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Order

The tenant must allow the landlord access for the purpose of conducting an annual inspection, carry out a Healthy Homes Standards (HHS) Assessment, and complete any maintenance and compliance work needed under the Residential Tenancies Act 1986 (RTA) HHS.

The initial inspection is to take place at the premises on Monday 15 th April 2024 at 11.am.

After the initial inspection, access must be granted to the landlord, with appropriate notice, to complete maintenance and compliance obligations under the Residential Tenancies Act 1986 (RTA) HHS.

The landlord is to carry out such work as necessary to comply with HHS and maintenance of the property.

The landlord does not seek a monetary order against the tenant at this stage.

If the tenant fails to comply with this order the landlord may apply to the Tenancy Tribunal for exemplary damages and/or termination of the tenancy. However, the landlord is not required to obtain an Order from the Tribunal if the tenant is in breach of their obligations under the tenancy agreement. The landlord may simply issue a termination of tenancy notice to the tenant.

Reasons

The landlord attended the hearing, the tenant did not attend. The Tribunal provided the tenant with two sign language interpreters, who also attended the hearing.

The landlord claims that the tenant has refused access to the premises for the purpose of an annual inspection, completing a Healthy Homes Assessment and carrying out maintenance. The landlord has an obligation under the RTA to comply with timeframes set out in the Act for full compliance with the Healthy Homes Standards. The landlord has not been allowed access to the property since 2022. This is an older house and maintenance is ongoing. The landlord wants the problem fixed.

Under section 40(1)(a) -(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.

Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.

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. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.

A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant 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 treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC) (a) Residential Tenancies Act 1986.

Has the tenant failed to comply with their obligations?

Kāinga Ora–Homes and Communities claims the tenant has not allowed them entry to the premises when they were entitled to enter.

A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.

Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.

The tenant has refused to allow the landlord access for the purpose of carrying out annual inspections, maintaining the property and complying with the Residential Tenancies Act 1986 (RTA), obligations under the Healthy Homes Standards.

The landlord does not seek at this time to penalise the tenant for the breach of obligations under their tenancy agreement and the RTA and reminds him that his tenancy could also be terminated for this breach.

The Tribunal issued a Work Order for the purpose of an annual inspection, maintenance, and compliance with HHS under the RTA.

Order

The initial inspection is to take place at the premises on Monday 15 th April 2024 at 11.am.

After the initial inspection, access must be granted to the landlord, with appropriate notice, to complete maintenance and compliance obligations under the Residential Tenancies Act 1986 (RTA) HHS.

The landlord is to carry out such work as necessary to comply with HHS and maintenance of the property.

The landlord does not seek a monetary order against the tenant at this stage.

Reasons

The landlord attended the hearing, the tenant did not attend. The Tribunal provided the tenant with two sign language interpreters, who also attended the hearing.

Under section 40(1)(a) -(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.

Has the tenant failed to comply with their obligations?

Kāinga Ora–Homes and Communities claims the tenant has not allowed them entry to the premises when they were entitled to enter.

The Tribunal issued a Work Order for the purpose of an annual inspection, maintenance, and compliance with HHS under the RTA.

Tenancy Tribunal case 4757254 — Smoke alarms at 36 Everitt Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4757254 — Smoke alarms at 36 Everitt Road, Otara, Auckland 2023

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions