What was Tenancy Tribunal case 4968794 about?

The tribunal order states: Michael O’Halloran must pay [The landlord/s] $1,433.54 immediately, calculated

How much money was awarded in case 4968794?

Smoke Alarms: $2,500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $306.54 awarded to landlord

What type of tenancy dispute was case 4968794?

The primary dispute was Smoke alarms. Related themes: Property damage.

Where can I read the official tribunal order for case 4968794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10841911-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4968794 about?

The tribunal order states: Michael O’Halloran must pay [The landlord/s] $1,433.54 immediately, calculated

How much money was awarded in case 4968794?

Smoke Alarms: $2,500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $306.54 awarded to landlord

What type of tenancy dispute was case 4968794?

The primary dispute was Smoke alarms. Related themes: Property damage.

Where can I read the official tribunal order for case 4968794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10841911-Tribunal_Order_Redacted.pdf.

Unit/Flat 4, 34 Willoughby Street, Whitiora, Hamilton 3200 Tenancy Tribunal Case 4968794 — Smoke alarms

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4968794 — net $1,433.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$306.54	Window repairs
Exemplary damages: removal of smoke alarm	$2,500.00	removal of smoke alarm
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,433.54
Total payable by Tenant to Landlord	$1,433.54

The landlord’s representatives attended the hearing. The tenant did not attend, and his phone went to voicemail when I called. I continued in his absence as he has been notified of the hearing date and time.

The landlord has applied for compensation for the costs to repair broken windows and for exemplary damages for removal of a smoke alarm.

The tenancy started on 14 June 2024 and was intended to be for a fixed term of one year.

The tenancy ended after a house fire on 28 August 2024 which left the premises uninhabitable. Compensation to repair broken windows

The landlord has proved that a glass pane in an exterior door and two glass panels in a louvre window were broken during the tenancy. The damage is more than fair wear and tear.

The tenant has told the landlord that third parties have broken in, or attempted to break in, to the premises. However, the landlord has not been given any evidence of this and the tenant did not attend today so the Tribunal has no other information.

On the evidence supplied, the tenant is liable for the costs to repair the windows on the basis that they were carelessly or intentionally damaged during the tenancy. See section 49B Residential Tenancies Act 1986 (RTA).

I award the amount of the invoice for the repairs which is $306.54. Removal of a smoke alarm

[The landlord/s] claims the tenant has removed or interfered with the smoke alarms.

A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab) Residential Tenancies Act 1986. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000.00. See section 40(3A)(b) and Schedule 1A Residential Tenancies Act 1986.

The evidence shows that:- a. A smoke alarm was in place inside the premises and within 3 metres of the bedroom/s as at 6 May 2024 when a vacant inspection was done before the tenancy started; b. The smoke alarm was missing when the landlord conducted a regular inspection on 19 August 2024; c. The landlord immediately arranged for a contractor to attend to replace the smoke alarm. The contractor could not gain access to the premises despite making multiple attempts to contact the tenant by both phone and email; d. The landlord says it then arranged to enter the premises with the contractor to install the smoke alarm; e. There was a fire at the premises the day before the installation of the smoke alarm was scheduled.

The evidence proves that the smoke alarm was removed during the tenancy.

In the absence of any evidence to the contrary, I find that the tenant is responsible for the removal of the smoke alarm which is an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

Exemplary damages are like a penalty or a fine and are intended to deter similar behaviour.

I infer that the removal of the smoke alarm was intentional. There is no evidence to show otherwise.

The intent of someone who removes a smoke alarm is usually to enable unauthorised smoking of cigarettes or other substances inside a building. There is no evidence to suggest any other reason.

The effect of the absence of a smoke alarm was that there was no fire warning system in place. This puts the property and people at risk. In this case, there was a fire and the landlord reports that the tenant was injured and hospitalised as a consequence. The property has been made uninhabitable. In addition, this is one of several units in a block with shared walls and ceilings, so neighbours were put at risk by the lack of an alarm. It is fortunate that there were no deaths. There has been a significant effect.

The interests of the landlord are that smoke alarms are always in place to protect occupants and property and make sure insurance remains valid.

There is a public interest. Smoke alarms need to be seen as non-negotiable by both tenants and landlords. Smoke alarms save lives. If they are found to be missing or not working, they should be reinstated with urgency.

My recommendation is that a landlord immediately issue a tenant with a 24-hour notice of entry for the purpose of reinstating smoke alarms and attend with any contractor to ensure that an alarm is in place. This is provided for in s48(1)(ca) RTA.

If a tenant discovers a smoke alarm to be missing or not working, they should immediately notify the landlord and request attention promptly. If a landlord does not prioritise the issue, and the tenant has not been responsible for the removal or damage of the alarm in the first place, then a tenant can buy smoke alarms themselves and put them up within 3 metres of all bedroom doors and a landlord must reimburse them for the cost; see s45(1)(d) RTA.

I acknowledge that the tenant has been injured by the fire and that the tenancy has ended. He has already suffered consequences from this breach. However, I do consider it just to also award exemplary damages.

I award $2,500.00 in this case to reflect the serious effect and that the tenant was difficult to contact to arrange reinstatement of the alarm. Filing fee, suppression and other matters

The landlord reports that the tenant had been reluctant to allow entry to the premises, changed the locks without consent and had been difficult to contact. The landlord issued a notice of breach for failing to supply keys.

The landlord has been successful in the claims so is entitled to the filing fee and to suppression of name, as sought.

The bond is refunded to the landlord and the balance is payable by the tenant.

Reasons

Claims and awards in Tenancy Tribunal application 4968794 — net $1,433.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$306.54	Window repairs
Exemplary damages: removal of smoke alarm	$2,500.00	removal of smoke alarm
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,433.54
Total payable by Tenant to Landlord	$1,433.54