Published tribunal order
Tenancy Tribunal case 4820798 — Property damage
Decided 31 May 2024 · Published 31 May 2024 · Application 4820798
- Property damage
Party names are redacted in the official published order.
Order
- The landlord must carry out the following work to the premises, which must be completed by Tuesday 11 June 2024; a. Replace shower and repair leaks in main bathroom. b. Patch, repair and paint holes in kitchen ceiling
- Until the above work is completed the tenant shall pay weekly rent of $1400.00 being a reduction of $500.00 per week.
Reasons
- Both parties attended the hearing. [The landlord’s agent] attended as agent for the landlord. [The tenant/s] attended the hearing.
- The tenant rented a 4-bedroom, 3-bathroom home from the landlord in February 2022. The home is in an expensive area and the tenant pays rent of $1900.00 per week. She lives in the home with three of her children and her fourth child visits from time to time. Rent Arrears
- The landlord has applied for an order for rent arrears totalling $17,200.00 owed to 26 May 2024. A rent summary has been provided.
- The amount of rent owed is not disputed, however the tenant disputes payment of this on the basis that she claims a set off against the arrears as compensation for ongoing maintenance issues at the premises.
Did the landlord fail to maintain?
- The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986. Under section 45, a landlord must provide and maintain premises in a reasonable state of repair having regard to the age and character of the premises.
- These premises are an older character home and are being rented at a top rental price. The landlord is responsible to provide the tenant with the quality of home they have contracted for.
- The tenant gave evidence that the main upstairs bathroom used by her children has had ongoing leakage issues. This was first communicated to the landlord shortly after the tenancy commenced in February 2022. Both the shower and the bath leaked, and this leaked into the kitchen food preparation area below. The tenant provided copies of multiple text messages sent to the landlord throughout the tenancy regarding these issues.
- The tenant stated that the ongoing issue with the leak, the holes in her kitchen ceiling and rubble being left outside by contractors has impacted the use of the house by her and her family. She advised that she is a businesswoman and the holes in her kitchen ceiling have impacted her ability to entertain in her home. The children have been unable to use the bath and shower in their bathroom for most of the tenancy. Currently the glass shower doors are leaning on a wall in the hallway which is a safety risk.
- The tenant provided photographs of the bathroom, the holes in the kitchen ceiling, the hallway and the building rubble outside, in support of her claims. She also provided copies of multiple messages sent to the landlord chasing the maintenance issues.
- The landlord stated that attempts had been made to address the problem and the agent provided copies of work orders issued for contractors to attend the premises and a copy of a property transaction report recording payments to contractors. The landlord stated that there was a period of several months in 2023 when the leak was repaired before it started again.
- It is acknowledged that the agent sought to address the problem and sent plumbers and a handyman to the premises a number of times, however, the approach to the leak problem was ad hoc and sporadic and there were often several weeks delay from the date of the tenant texting until a contractor attended. The leaking stopped for a few months during 2023 but during most of that time the kitchen ceiling which had been cut open was not fully repaired resulting in ongoing disruption to the tenant. The leak restarted in late in 2023 and repairs have not been completed since then. The bathroom is currently unusable.
- The Tribunal finds that due to the ongoing unresolved leak issues the landlord has breached their obligation to provide and maintain the premises in a reasonable state of repair and that compensation by way of a set off against the rent arrears claimed is appropriate.
- The amount of rent arrears owed to the end of the current rent week is $17,200.00. The Tribunal calculates that the end of this current week will be 118 weeks since the tenancy commenced. The arrears equate to approximately $145.00 per week. The Tribunal considers this to be appropriate compensation for the continuing maintenance issues and the impact this has had on the use of the premises. Therefore, the rent arrears are fully set off by the compensation and no amount will be ordered.
- Where the Tribunal finds that the landlord has failed to comply with obligations under section 45, it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
- The landlord advised that work has now begun to replace the shower and remedy the leak issues and hopes this will be completed in the next two weeks.
- A work order is made by consent for the landlord to arrange to replace shower and repair leaks in the main bathroom and patch, repair and paint the holes in the kitchen ceiling by 11 June 2024.
- Until the above work is completed the tenant shall pay reduced rent of $1400.00 being a reduction of $500.00 per week. This amount recognises the increased disruption to the tenant and her family at the present time of having contractors working in her home in particular impacting the use of the bathroom and kitchen until the work is completed. Filing Fee/Suppression
- As both parties have filed applications and had some success with their applications the Tribunal orders that there is no reimbursement of filing fee to either party.
- The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case including the goodwill between the parties the Tribunal grants suppression of both parties’ details.