What was Tenancy Tribunal case 4786918 about?

This case concerned a state of repair dispute.

How much money was awarded in case 4786918?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4786918?

The primary dispute was State of repair. Related themes: Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 4786918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10167176-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4786918 about?

This case concerned a state of repair dispute.

How much money was awarded in case 4786918?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4786918?

The primary dispute was State of repair. Related themes: Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 4786918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10167176-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4786918 — State of repair

Reasons

Both parties attended the hearing.
The tenant claims a work order for a light switch to be installed at the bottom of the stairs, to control the light above the stairs. The light switch is currently at the top of the stairs. Because of this design, the Tenant has to climb up the stairs in the dark to turn it on which is hazardous given the Tenant is aged in his 50’s and needs to be more cautious. The Tenant wants the problem fixed.
The Landlord does not agree to installing a light switch. They submit the house was built in the 1960’s and the particular light above the stairwell was intended to stay on all night so there should not be any problem with safety. The Landlord submits the Tenants request is motivated by their previous application brought to the Tribunal against the Landlord which was dismissed.
A work order is defined in the Residential Tenancies Act 1986 (‘RTA’) as: an order by the Tribunal to carry out any repairs to any premises or to any chattels, or to rectify any deficiency in the performance of any services, by doing such work or attending to such matters (including the replacement of chattels) as may be specified in the order; and includes (without limiting paragraph (a)) an order by the Tribunal requiring— a party to carry out any work, or to attend to any matters, as specified in the order for the purpose of complying with any requirement in respect of smoke alarms imposed on the party by regulations made under section 138A; or the landlord to carry out any work, or to attend to any matters, as specified in the order for the purpose of complying with the healthy homes standard;
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.

Has the landlord failed to comply with their obligations?

A Landlord is obliged to maintain the property in a reasonable state of repair having regard to the age and character of the property and the period during which the premises are likely to remain habitable and available for residential purposes.
The Tenants have submitted a light switch is required because it is a safety hazard and a deficiency in the provision of services. They have not provided any evidence though as to how the lack of a light switch at the bottom of the stairs, fails to comply with any specific Building or Housing regulation, or Healthy Home standards.
The Landlord also submitted this was a house built in the 1960’s so the design and the lack of light switch installed at the bottom of the stairs may not have been a legal requirement at the time of building. To install a light switch now would effectively improve the Landlords property but is not necessarily a mandatory requirement.
The Tenants also failed to provide any evidence that the lack of light was a safety hazard which had caused injury to them. As it is the Tenants who have brought the application, the onus of proof lies on them to prove their case beyond the balance of probabilities.
In considering the evidence, I find the Tenant has failed to prove that the installation of a light switch at the bottom of the stairs is a failure by the Landlord to provide the property in a reasonable state of repair. The property was built over 40 years ago and the Tenant has not provided sufficient evidence to prove the lack of light switches is a serious safety hazard or breach of any laws or regulations.
The application is dismissed.
As the Landlord has been successful, name suppression is granted for the Landlord. As the Tenant has not been successful, name suppression is declined.

Reasons

Both parties attended the hearing.
The tenant claims a work order for a light switch to be installed at the bottom of the stairs, to control the light above the stairs. The light switch is currently at the top of the stairs. Because of this design, the Tenant has to climb up the stairs in the dark to turn it on which is hazardous given the Tenant is aged in his 50’s and needs to be more cautious. The Tenant wants the problem fixed.
The Landlord does not agree to installing a light switch. They submit the house was built in the 1960’s and the particular light above the stairwell was intended to stay on all night so there should not be any problem with safety. The Landlord submits the Tenants request is motivated by their previous application brought to the Tribunal against the Landlord which was dismissed.
A work order is defined in the Residential Tenancies Act 1986 (‘RTA’) as: an order by the Tribunal to carry out any repairs to any premises or to any chattels, or to rectify any deficiency in the performance of any services, by doing such work or attending to such matters (including the replacement of chattels) as may be specified in the order; and includes (without limiting paragraph (a)) an order by the Tribunal requiring— a party to carry out any work, or to attend to any matters, as specified in the order for the purpose of complying with any requirement in respect of smoke alarms imposed on the party by regulations made under section 138A; or the landlord to carry out any work, or to attend to any matters, as specified in the order for the purpose of complying with the healthy homes standard;
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.

Has the landlord failed to comply with their obligations?

A Landlord is obliged to maintain the property in a reasonable state of repair having regard to the age and character of the property and the period during which the premises are likely to remain habitable and available for residential purposes.
The Tenants have submitted a light switch is required because it is a safety hazard and a deficiency in the provision of services. They have not provided any evidence though as to how the lack of a light switch at the bottom of the stairs, fails to comply with any specific Building or Housing regulation, or Healthy Home standards.
The Landlord also submitted this was a house built in the 1960’s so the design and the lack of light switch installed at the bottom of the stairs may not have been a legal requirement at the time of building. To install a light switch now would effectively improve the Landlords property but is not necessarily a mandatory requirement.
The Tenants also failed to provide any evidence that the lack of light was a safety hazard which had caused injury to them. As it is the Tenants who have brought the application, the onus of proof lies on them to prove their case beyond the balance of probabilities.
In considering the evidence, I find the Tenant has failed to prove that the installation of a light switch at the bottom of the stairs is a failure by the Landlord to provide the property in a reasonable state of repair. The property was built over 40 years ago and the Tenant has not provided sufficient evidence to prove the lack of light switches is a serious safety hazard or breach of any laws or regulations.
The application is dismissed.
As the Landlord has been successful, name suppression is granted for the Landlord. As the Tenant has not been successful, name suppression is declined.

Tenancy Tribunal case 4786918 — State of repair

At a glance

Tenancy Tribunal case 4786918 — State of repair

At a glance

Claims & awards

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions