What was the outcome of Tenancy Tribunal case 4851070?

The tribunal order states: Aspire Property Management Limited as agent for Regina Youngsook Baik

How much money was awarded in case 4851070?

Compensation: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4851070?

The primary dispute was State of repair. Related themes: Compensation.

Where can I read the official tribunal order for case 4851070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10615430-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4851070?

The tribunal order states: Aspire Property Management Limited as agent for Regina Youngsook Baik

How much money was awarded in case 4851070?

Compensation: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4851070?

The primary dispute was State of repair. Related themes: Compensation.

Where can I read the official tribunal order for case 4851070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10615430-Tribunal_Order.pdf.

132 Hugh Green Drive, Pinehill, Auckland 0632 Tenancy Tribunal Case 4851070 — State of repair

Claims and awards in Tenancy Tribunal application 4851070. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for unlawful entry	$250.00		Compensation for unlawful entry
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

Aspire Property Management Limited as agent for Regina Youngsook Baik must immediately pay Andrea Benkova $270.44 as calculated in the table below.
Aspire Property Management Limited as agent for Regina Youngsook Baik must carry out the following work to the premises, which must be completed by 5:00PM on Friday 26 July 2024: a. Repair the garden gate, kitchen cabinet doors, and front door to a reasonable standard of repair.

Reasons

Andrea Benkova attended the hearing with her daughter.
Maggie Du and Matty Srhoj attend the hearing for the landlord.
The tenant claims the landlord failed to maintain the premises in a reasonable state of repair, and unlawfully entered the premises.

Did the landlord fail to maintain the premises?

Complaint

The tenant claims the landlord failed to maintain the premises’ garage door, blinds, kitchen cupboard hinges, front door, garage lights, and garden gate, Legal principles
Under s 45(1)(b) of the Residential Tenancies Act 1969 (RTA), landlords must maintain the premises in a reasonable state of repair. That provision provides: 45 Landlord’s responsibilities (1) The landlord shall— (a) ... (b) provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes...
Landlords are liable for defects that they have knowledge of. They must repair defects within a reasonable time once they acquire such knowledge. As the author of Residential Tenancy Law in New Zealand explains: 1 The landlord’s obligation of repair is not absolute. A landlord does not have to foresee a latent and unobservable defect before it causes damage... A landlord therefore must repair within a reasonable time after knowledge of the need for repair: 2 “...the obligation of the landlord, under s 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be...”
Tenants have a duty to notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repair. 3 However, 1 Stewart Benson Residential Tenancy Law in New Zealand (2018) Thomson Reuters at 6.18. 2 Collins v Professionals Hutt City Ltd DC Wellington CIV 2009-085-1431, 24 February 2010 at [15]. 3 RTA, s 40(1)(d). Landlords also have an obligation to repair things that are apparent from observation: 4 However, notice from the tenant is not needed if the landlords knew of the need for repair or the need for repair is apparent from observation... Discussion
The tenant has had issues with the venetian blinds in the bathroom, bedrooms, and at the front door. The landlord submits that only the blinds at the front door were not in reasonable working order and the tenant carelessly damaged the blinds. The tenant is moving out and does not seek a work order for the blinds.
The kitchen cupboards hinges evidently need replacing. I have not seen photographs of the damage, but the parties consent to a work order.
The tenant says the front door needs repair. I have not seen evidence of what is wrong with the door such as photographs or a contractor’s report, but the landlord consents to a work order for their repair.
The landlord has elected not to replace a garage light fitting because of the cost implications. I consider the landlord is entitled not to replace the light fitting.
A garden gate’s trellis-work needs repair. A work order can be made for its repair by consent.
The tenant damaged the garage door by accidentally driving her car into it. It took eight months to repair the door. The majority of the delay appears to be due to insurance company procedures.
I am satisfied that the landlord has failed to maintain the premises in respect to the kitchen cupboard, garden gate, and front door.
I consider it is appropriate to make work orders. I am not satisfied that compensation is warranted. The damage is minor. I am not satisfied the tenant has suffered any significant loss from it. Unlawful entry
The tenant claims the landlord has entered the premises without consent or notice. 4 See n 1.
A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections, repairs, and maintenance. 5
The landlord accepts the property manager carried out a routine inspection without giving proper notice. The property manager sent an email giving proper notice but couldn’t access the premises on the appointed day. The property manager texted the tenant she would come back another day. A few days later, she texted a new date, but the tenant did not consent to that date. The property manager incorrectly assumed the tenant would consent and did the routine inspection.
The tenant says the property manager left the door ajar, but the landlord denies this. I have not heard direct evidence from a witness that the door was left ajar. I do not find it proven on the balance of probabilities the property manager left the door open.
Nonetheless, the entry was unlawful. It should not have occurred.
I order the landlord to pay the tenant $250.00 for the breach. Filing fee
The landlord is ordered to reimburse the tenant for the filing fee.

Claims and awards in Tenancy Tribunal application 4851070. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation for unlawful entry	$250.00		Compensation for unlawful entry
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

Aspire Property Management Limited as agent for Regina Youngsook Baik must immediately pay Andrea Benkova $270.44 as calculated in the table below.
Aspire Property Management Limited as agent for Regina Youngsook Baik must carry out the following work to the premises, which must be completed by 5:00PM on Friday 26 July 2024: a. Repair the garden gate, kitchen cabinet doors, and front door to a reasonable standard of repair.

Reasons

Andrea Benkova attended the hearing with her daughter.
Maggie Du and Matty Srhoj attend the hearing for the landlord.
The tenant claims the landlord failed to maintain the premises in a reasonable state of repair, and unlawfully entered the premises.

Did the landlord fail to maintain the premises?

Complaint

The tenant claims the landlord failed to maintain the premises’ garage door, blinds, kitchen cupboard hinges, front door, garage lights, and garden gate, Legal principles
Under s 45(1)(b) of the Residential Tenancies Act 1969 (RTA), landlords must maintain the premises in a reasonable state of repair. That provision provides: 45 Landlord’s responsibilities (1) The landlord shall— (a) ... (b) provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes...
Landlords are liable for defects that they have knowledge of. They must repair defects within a reasonable time once they acquire such knowledge. As the author of Residential Tenancy Law in New Zealand explains: 1 The landlord’s obligation of repair is not absolute. A landlord does not have to foresee a latent and unobservable defect before it causes damage... A landlord therefore must repair within a reasonable time after knowledge of the need for repair: 2 “...the obligation of the landlord, under s 45, is to investigate and repair a defect brought to its attention within a timeframe which is reasonable in the circumstances and as to what that time is, I think, depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be...”
Tenants have a duty to notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repair. 3 However, 1 Stewart Benson Residential Tenancy Law in New Zealand (2018) Thomson Reuters at 6.18. 2 Collins v Professionals Hutt City Ltd DC Wellington CIV 2009-085-1431, 24 February 2010 at [15]. 3 RTA, s 40(1)(d). Landlords also have an obligation to repair things that are apparent from observation: 4 However, notice from the tenant is not needed if the landlords knew of the need for repair or the need for repair is apparent from observation... Discussion
The tenant has had issues with the venetian blinds in the bathroom, bedrooms, and at the front door. The landlord submits that only the blinds at the front door were not in reasonable working order and the tenant carelessly damaged the blinds. The tenant is moving out and does not seek a work order for the blinds.
The kitchen cupboards hinges evidently need replacing. I have not seen photographs of the damage, but the parties consent to a work order.
The tenant says the front door needs repair. I have not seen evidence of what is wrong with the door such as photographs or a contractor’s report, but the landlord consents to a work order for their repair.
The landlord has elected not to replace a garage light fitting because of the cost implications. I consider the landlord is entitled not to replace the light fitting.
A garden gate’s trellis-work needs repair. A work order can be made for its repair by consent.
The tenant damaged the garage door by accidentally driving her car into it. It took eight months to repair the door. The majority of the delay appears to be due to insurance company procedures.
I am satisfied that the landlord has failed to maintain the premises in respect to the kitchen cupboard, garden gate, and front door.
I consider it is appropriate to make work orders. I am not satisfied that compensation is warranted. The damage is minor. I am not satisfied the tenant has suffered any significant loss from it. Unlawful entry
The tenant claims the landlord has entered the premises without consent or notice. 4 See n 1.
A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections, repairs, and maintenance. 5
The landlord accepts the property manager carried out a routine inspection without giving proper notice. The property manager sent an email giving proper notice but couldn’t access the premises on the appointed day. The property manager texted the tenant she would come back another day. A few days later, she texted a new date, but the tenant did not consent to that date. The property manager incorrectly assumed the tenant would consent and did the routine inspection.
The tenant says the property manager left the door ajar, but the landlord denies this. I have not heard direct evidence from a witness that the door was left ajar. I do not find it proven on the balance of probabilities the property manager left the door open.
Nonetheless, the entry was unlawful. It should not have occurred.
I order the landlord to pay the tenant $250.00 for the breach. Filing fee
The landlord is ordered to reimburse the tenant for the filing fee.

Tenancy Tribunal case 4851070 — State of repair at 132 Hugh Green Drive, Pinehill, Auckland 0632

At a glance

Tenancy Tribunal case 4851070 — State of repair at 132 Hugh Green Drive, Pinehill, Auckland 0632

At a glance

Claims & awards

Order

Reasons

Did the landlord fail to maintain the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Did the landlord fail to maintain the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions