Published tribunal order
Tenancy Tribunal case 4273593 — Tenancy dispute at 3 Aileen Place, Nawton, Hamilton 3200
Decided 11 Aug 2023 · Published 11 Aug 2023 · Application 4273593
Tenant favoured
- Healthy homes
- Smoke alarms
Order
- The tenant’s application for rehearing is granted on the following terms.
- The monetary order made in favour of the tenant on 13 July 2023 is replaced with these orders: Kāinga Ora–Homes And Communities must pay Alani Ngaihiraka Aramakutu $3,240.00 immediately, calculated as shown in table below:
Reasons
- Both parties attended the hearing to consider the tenant’s rehearing application.
- On 13 July 2023 I awarded the tenant $1,620.00 for these reasons: a. The tenant claims that the landlord did not repair the underfloor insulation which is sagging/hanging. b. The landlord has breached the obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 by failing to insulate the premises in accordance with the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016. c. From 1 July 2019, all residential premises must be insulated to a minimum standard. Where the premises were insulated before 1 July 2016, the ceiling insulation must have an R-value of at least 1.9 (or 1.5 for houses of a brick or concrete block construction). The underfloor insulation must have an R-value of at least 0.9. The insulation must be in reasonable condition. d. Where insulation is installed after 1 July 2016, the minimum R-value for ceiling insulation is 2.9 in Zones 1 and 2, and 3.3 for Zone 3 (Zone 3 covers the South Island and central North Island). The minimum R-value for underfloor insulation is
- 3. e. While the tenant maintains that she has informed the landlord of the sagging/hanging underfloor insulation as far back as the winter of 2019, I prefer the landlord’s records that they were only advised of their failings in June 2021 at which time contractors carried out some repairs to the underfloor on 24 June 2021 but left it uncompleted to date. f. I consider that the tenant is entitled to compensation for loss of amenities for the lack of proper insulation from 25/6/2021 to 20/7/2023, calculated at $30.00 per week for 54 weeks (winter months) in total. This sum accounts for loss of comfort and amenities as well as increased power consumption for the 2 year period. I have also taken into account the use of the wood fireplace at the premises.
- In support of the rehearing application the tenant has provided additional evidence that she has informed the landlord of the sagging/hanging underfloor insulation as far back as August 2019.
- The landlord’s call centre records confirm that they were advised by the tenant of their insulation failings on 7 August 2019.
- It is therefore appropriate to account for the entire period of lack of proper insulation from 7 August 2019 to 20 July 2023 which period totals 108 weeks of winter months.
- The rate of compensation of $30.00 per week stands; this sum accounts for loss of comfort and amenities as well as increased power consumption for the 4 year period. In reaching my view that $30.00 per week is appropriate, I have taken into account the tenant’s ability to use the wood fireplace at the premises, rather than the landlord having actually provided firewood for the entire duration in question.
- Accordingly, the tenant’s application for rehearing is allowed and I make the above monetary orders as set out above.
- This monetary order replaces the order of 13 July 2023 on the issue of compensation for lack of proper insulation.