What was Tenancy Tribunal case 5407733 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5407733?

Compensation: $28.00 awarded to landlord

What type of tenancy dispute was case 5407733?

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

Where can I read the official tribunal order for case 5407733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13068788-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5407733 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5407733?

Compensation: $28.00 awarded to landlord

What type of tenancy dispute was case 5407733?

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

Where can I read the official tribunal order for case 5407733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13068788-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5407733 — State of repair

Claims and awards in Tenancy Tribunal application 5407733. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
whichever event first occurs. The compensation may be paid by way of deduction from the rent. 4. The landlord must also	$28.00		whichever event first occurs. The compensation may be paid by way of deduction from the rent. 4. The landlord must also

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The landlord must carry out the following work to the premises, which must be completed by Saturday 28 February 2026: a. The remote control for the separate garage must be repaired or replaced as necessary so that it is in working order; b. The hole in the lean-to garage wall attached to the house must be repaired; c. The dishwasher must be repaired or replaced as necessary so that it is in working order.
As an alternative to compliance with Order 2, the landlord must pay the tenant $75 per week for every week or part week thereof that any of the above work orders in order 2 remain outstanding for the period from 1 March 2026 to the date all work orders in order are completed or until the tenancy ends, whichever event first occurs. The compensation may be paid by way of deduction from the rent.
The landlord must also pay the tenant $28 immediately, being the filing fee on the application.

Reasons

Both parties attended the hearing. The landlord’s claims against the tenant are withdrawn at the landlord’s request.
The tenant claims that the landlord has not addressed the following maintenance and repair issues she has raised during the tenancy: a faulty garage remote; a hole in the lean-to garage wall and faulty dishwasher. The tenant wants the problems fixed.
The tenant has withdrawn her request for a work order in relation to the exterior fence, acknowledging that the landlord is addressing the matter and must also negotiate with the neighbour over the repairs and costs. She also withdraws a claim for cleaning costs which have been settled.
Under section 45(1)(b) Residential Tenancies Act 1986 (RTA), the landlord has an obligation to provide and maintain the premises in a reasonable state of repair. 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) RTA.
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) RTA.

Has the landlord failed to comply with their obligations?

I am satisfied on the evidence as follows: a. The separate garage: The remote for the garage is faulty in that sometimes the garage door opens automatically when the remote is not being used. Changing the remote batteries has not resolved the issue. The remote control must be assessed and repaired or replaced as necessary by the landlord; b. The lean to garage: There is a hole in the wall which must be repaired by the landlord; c. The dishwasher does not work. The landlord notes that the tenancy agreement provides that repairs to any whiteware or electrical appliances (other than the stove or cooker) included in the tenancy, will be solely at the landlord’s discretion. In this case, the landlord does not want to repair the dishwasher noting that it has not worked since the tenancy began. Such a clause in the agreement is of no effect if it relates to items that must be provided under the RTA (e.g. heating in accordance with the Residential Tenancies (Healthy Homes Standards) Regulations 2019 (HHS). The landlord cannot contract out of their obligations under the RTA and HHS. See section 11 RTA. Such a clause is also not effective where the item has been provided as part of the tenancy, for which rent is being paid. In this case, the evidence is that the advertising for the premises specifically represented that the premises included a dishwasher. Therefore, the landlord is obliged to provide a working dishwasher and repair or replace it if it is not working.
In relation to all of the above issues, the landlord’s failure to address them as requested by the tenant are breaches of the landlord’s obligations under s45(1)(b) RTA. Work orders are made accordingly. As an alternative, should the landlord fail to comply with the work orders, the tenant will be entitled to compensations as an alternative, as set out in order 3 above.
As the tenant has substantially succeeded with her claims, she is entitled to suppression of her name and identifying details as requested and to reimbursement of the filing fee on the application.

Claims and awards in Tenancy Tribunal application 5407733. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
whichever event first occurs. The compensation may be paid by way of deduction from the rent. 4. The landlord must also	$28.00		whichever event first occurs. The compensation may be paid by way of deduction from the rent. 4. The landlord must also

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
The landlord must carry out the following work to the premises, which must be completed by Saturday 28 February 2026: a. The remote control for the separate garage must be repaired or replaced as necessary so that it is in working order; b. The hole in the lean-to garage wall attached to the house must be repaired; c. The dishwasher must be repaired or replaced as necessary so that it is in working order.
As an alternative to compliance with Order 2, the landlord must pay the tenant $75 per week for every week or part week thereof that any of the above work orders in order 2 remain outstanding for the period from 1 March 2026 to the date all work orders in order are completed or until the tenancy ends, whichever event first occurs. The compensation may be paid by way of deduction from the rent.
The landlord must also pay the tenant $28 immediately, being the filing fee on the application.

Reasons

Both parties attended the hearing. The landlord’s claims against the tenant are withdrawn at the landlord’s request.
The tenant claims that the landlord has not addressed the following maintenance and repair issues she has raised during the tenancy: a faulty garage remote; a hole in the lean-to garage wall and faulty dishwasher. The tenant wants the problems fixed.
The tenant has withdrawn her request for a work order in relation to the exterior fence, acknowledging that the landlord is addressing the matter and must also negotiate with the neighbour over the repairs and costs. She also withdraws a claim for cleaning costs which have been settled.
Under section 45(1)(b) Residential Tenancies Act 1986 (RTA), the landlord has an obligation to provide and maintain the premises in a reasonable state of repair. 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) RTA.
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) RTA.

Has the landlord failed to comply with their obligations?

I am satisfied on the evidence as follows: a. The separate garage: The remote for the garage is faulty in that sometimes the garage door opens automatically when the remote is not being used. Changing the remote batteries has not resolved the issue. The remote control must be assessed and repaired or replaced as necessary by the landlord; b. The lean to garage: There is a hole in the wall which must be repaired by the landlord; c. The dishwasher does not work. The landlord notes that the tenancy agreement provides that repairs to any whiteware or electrical appliances (other than the stove or cooker) included in the tenancy, will be solely at the landlord’s discretion. In this case, the landlord does not want to repair the dishwasher noting that it has not worked since the tenancy began. Such a clause in the agreement is of no effect if it relates to items that must be provided under the RTA (e.g. heating in accordance with the Residential Tenancies (Healthy Homes Standards) Regulations 2019 (HHS). The landlord cannot contract out of their obligations under the RTA and HHS. See section 11 RTA. Such a clause is also not effective where the item has been provided as part of the tenancy, for which rent is being paid. In this case, the evidence is that the advertising for the premises specifically represented that the premises included a dishwasher. Therefore, the landlord is obliged to provide a working dishwasher and repair or replace it if it is not working.
In relation to all of the above issues, the landlord’s failure to address them as requested by the tenant are breaches of the landlord’s obligations under s45(1)(b) RTA. Work orders are made accordingly. As an alternative, should the landlord fail to comply with the work orders, the tenant will be entitled to compensations as an alternative, as set out in order 3 above.
As the tenant has substantially succeeded with her claims, she is entitled to suppression of her name and identifying details as requested and to reimbursement of the filing fee on the application.

Tenancy Tribunal case 5407733 — State of repair

At a glance

Tenancy Tribunal case 5407733 — State of repair

At a glance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions