Published tribunal order
Tenancy Tribunal case 4851665 — State of repair at 28 Satara Crescent, Khandallah, Wellington 6035
Decided 12 Jun 2024 · Published 12 Jun 2024 · Application 4851665
- State of repair
- Healthy homes
- Exemplary damages
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ name and identifying details.
- Comprende Limited must pay [the tenants] the sum of $820.44 immediately as calculated below:
Reasons
- Both parties attended the hearing.
- The tenants seek compensation and exemplary damages as a result of the central heating in the tenancy not functioning over a period of four weeks between 18 March and 18 April this year.
- On 18 March the tenant notified the landlord that the ducted gas fuelled heating was not working. The landlord organised a plumber gasfitter to attend and also a heatpump installer. By 2 April they had quotes for both. The solution for the existing heating system was a full replacement. The landlord proposed instead of replacing the ducted system, two heat pumps would be installed. The tenants were unhappy with this solution because the property is over 270 square metres, it is two-storeyed, and not open plan. They did not think that two heat pumps would provide adequate warmth, and in any event, they had rented a property which provided heating to every room. The rent was $1200 a week.
- The tenants issued a notice to remedy with 2 days’ notice and filed proceedings in the Tribunal.
- The landlord then replaced the gas ducted central heating system, rather than installing the heatpumps. The tenants’ heating was restored by 18 April.
- In the meantime the tenants had bought two oil-filled heaters at a cost of $397.00.
- The fixed-term tenancy ended on 10 June 2024. Compensation
- The tenants seek compensation of $3,600 for loss of an amenity plus reimbursement of the heaters. They say that because of the lack of heating to the house, the couple and their three children could use only two rooms. One of their children has respiratory problems.
- The tenants say that there were 4 bedrooms, 1 dining room, 1 rumpus room, 1 family room and 1 living room, but they could only use the Family Room and Living Room, being 2 out of 8 of the rooms. They therefore sought a 75% reduction of rent for four weeks.
- I find that throughout the four weeks, the tenants had the use of every room in the house, including the kitchen and bathroom. There is no suggestion that they did not have access to any room or that conditions meant that any room was uninhabitable. The $1,200 a week rent was for more than the heating.
- Although this situation did not happen during the winter months, I accept that in Wellington in Autumn, a large house, which was an older property would require some heating. The couple were paying $1200 for a centrally-heated property which they could not heat. Accordingly, I have decided that $200 a week compensation is reasonable. This takes into account that they needed to buy two heaters, which they still own. I order $800 compensation. Exemplary damages
- Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
- Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
- The tenant has not established that the landlord failed to maintain the heating system. The fact that something has broken does not mean that it was not maintained. Upon being advised that there was an issue the landlord took reasonable steps to rectify the issue in a timely way. There was some inconvenience to the tenant in the interim for which compensation has been ordered.
- I do not find that the landlord committed an unlawful act and so the claim for exemplary damages is dismissed.
- Because [The applicant/s] have succeeded with parts of the claim I have reimbursed the filing fee.