Published tribunal order
Tenancy Tribunal case 4774363 — Property damage at Unit/Flat 8B, 6 Princes Street, Auckland Central, Auckland
Decided 25 Jun 2024 · Published 25 Jun 2024 · Application 4774363
- Property damage
Party names are redacted in the official published order.
Order
- The landlord must engage an electrician to carry out work to the dimmer lights at the premises to ensure that there is no prolonged gap between flicking of the light switch and the lights turning on, on or before 8 July 2024.
- If the landlord fails to comply with Order 2 above, then the tenant may undertake the work and charge the landlord the costs of this work up to $1,200.00. These costs may be set off against rent payable.
- Lowe Property Services Limited and Brian Aureguy to pay $146.94 to [tenant] immediately towards the filing fee of $20.44 and the electrician’s report of $126.50.
Reasons
- Both parties attended the hearing.
- The tenant claims that the landlord did not provide lights that work properly. The tenant wants the problem fixed.
- The landlord has earlier replaced halogen lights in the premises with LED lights.
- The issue is whether the dimmer lights were working properly.
- Considering the video evidence tendered by the tenant on 20 June 2024, I find that there is an unacceptable delay/lag in the flicking of the light switch and the lights turning on. The dimmer lights took 3-4 seconds to light up on the switch being engaged.
- I take a dim view of the landlord’s submission that such a prolonged lag is not inordinate. The landlord attempted to justify the delay by saying that it is due to the dimmer settings being turned too low (5-10%) and this causes the delay.
- The landlord provided no cogent report from electricians or experts that households with light dimmer settings being turned too low (5-10%) will have to expect a lag of 4 second on the flicking of the switch to the lights being turned on.
- I prefer the tenant’s evidence in the form of an electrician’s opinion by McW Electrical and Automation there is quite a delay from when you turn the switch on and the light brightens which “way the lighting is behaving is not normal operation”.
- I accept the tenant’s claim that the current lighting issue complained of is in need of repairs/attention.
- Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
- Where the Tribunal finds the landlord has failed to comply with any of these obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
- A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord 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 set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.
- I therefore make a work order against the landlord as set out above.
- As for the tenant’s claim for compensation on the issue, I consider that apart from the current complaint to do with the delay from when you turn the switch on and the light brightening, the landlord has duly attended to tenant’s earlier complaints and effected replacement of the lights from halogen to LED, along with attending to the tenant’s complaint of lights flashing inordinately by the tenant.
- I find it rather unusual that the tenant has emailed the material video evidence to the Tribunal on Thursday 20 June ahead of the Tribunal hearing on Monday 24 June but omitted to send the landlord the video evidence until the morning of the hearing on 24 June.
- I consider that a tenant has a corresponding duty to let the landlord know of maintenance issues needing attention at the premises and this includes supplying those video evidence to the landlord at the same time or before the tenant supplies the same evidence to the Tribunal for my assessment of the time delay.
- By selectively communicating with the Tribunal but not the landlord at the appropriate time, the tenant has prevented and/or denied the landlord the opportunity to respond to the issue in a timely fashion.
- For those reasons, I consider it unjust to make any monetary orders of compensation against the landlord and dismiss the tenant’s claim for compensation on the lighting issue.
- Only the amounts ordered above are proved. I have allowed the tenant’s claim for reimbursement of the filing fee and electrician’s cost to inspect and report on the issues.
- I also granted the tenant’s request for name suppression.