What was Tenancy Tribunal case 5396352 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5396352?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5396352?

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

Where can I read the official tribunal order for case 5396352?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13311491-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5396352 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5396352?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5396352?

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

Where can I read the official tribunal order for case 5396352?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13311491-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 24 Bayswater Crescent, Bromley, Christchurch Tenancy Tribunal Case 5396352 — State of repair

Reasons

Both parties attended the hearing.

The tenant claims that the landlord did not install a mirror in the bathroom The tenant wants the problem fixed.

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.

If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.

A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986. Has the landlord failed to comply with their obligations

At the start of the tenancy, the bathroom did not contain a mirror. This caused inconvenience to the Tenant, particularly in relation to personal grooming. The Tenant was also unable to safely use a freestanding mirror due to the presence of a toddler who regularly crawled on the floor. While there were visible holes indicating a mirror had previously been installed, no such fixture was provided at the start of the tenancy.

The Tenant requested that the Landlord install a mirror. Although the Landlord indicated a willingness to do so, this was conditional on the Tenant covering the cost. The Landlord submitted that installation would have required professional assistance due to earthquake safety considerations, making this a more complex and costly undertaking than a simple fixture.

The Landlord maintains that the Tenant could have arranged installation independently but did not agree to bear the cost.

While the Residential Tenancies Act 1986 (“the Act”) requires a landlord to provide and maintain the premises in a reasonable state of repair and to comply with relevant health and safety obligations, it does not impose a specific requirement to supply a bathroom mirror. Additionally, a mirror was not listed among the chattels included in the tenancy.

In these circumstances, although the absence of a mirror was inconvenient for the Tenant, it does not amount to a breach of the Landlord’s legal obligations under the Act.

The claim is dismissed.

The Tenant also claims compensation of $550.00 for the inconvenience caused. However, as the provision of a mirror is not a legal requirement, and there is no established breach, there is no basis upon which compensation can be awarded.

Accordingly, both claims are dismissed.

Order

The application is dismissed.

Reasons

Both parties attended the hearing.
The tenant claims that the landlord did not install a mirror in the bathroom The tenant wants the problem fixed.
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.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986. Has the landlord failed to comply with their obligations
At the start of the tenancy, the bathroom did not contain a mirror. This caused inconvenience to the Tenant, particularly in relation to personal grooming. The Tenant was also unable to safely use a freestanding mirror due to the presence of a toddler who regularly crawled on the floor. While there were visible holes indicating a mirror had previously been installed, no such fixture was provided at the start of the tenancy.
The Tenant requested that the Landlord install a mirror. Although the Landlord indicated a willingness to do so, this was conditional on the Tenant covering the cost. The Landlord submitted that installation would have required professional assistance due to earthquake safety considerations, making this a more complex and costly undertaking than a simple fixture.
The Landlord maintains that the Tenant could have arranged installation independently but did not agree to bear the cost.
While the Residential Tenancies Act 1986 (“the Act”) requires a landlord to provide and maintain the premises in a reasonable state of repair and to comply with relevant health and safety obligations, it does not impose a specific requirement to supply a bathroom mirror. Additionally, a mirror was not listed among the chattels included in the tenancy.
In these circumstances, although the absence of a mirror was inconvenient for the Tenant, it does not amount to a breach of the Landlord’s legal obligations under the Act.
The claim is dismissed.
The Tenant also claims compensation of $550.00 for the inconvenience caused. However, as the provision of a mirror is not a legal requirement, and there is no established breach, there is no basis upon which compensation can be awarded.
Accordingly, both claims are dismissed.

Tenancy Tribunal case 5396352 — State of repair at Unit/Flat 1, 24 Bayswater Crescent, Bromley, Christchurch

At a glance

Tenancy Tribunal case 5396352 — State of repair at Unit/Flat 1, 24 Bayswater Crescent, Bromley, Christchurch

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions