How much money was awarded in case 4551797?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4551797?

The primary dispute was State of repair. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4551797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9286956-Tribunal_Order.pdf.

How much money was awarded in case 4551797?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4551797?

The primary dispute was State of repair. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4551797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9286956-Tribunal_Order.pdf.

27B Kingsway Crescent, Forest Lake, Hamilton 3200 Tenancy Tribunal Case 4551797 — State of repair

Q: What was the outcome of Tenancy Tribunal case 4551797?

The tribunal order states: The Tribunal declares that the carpet in the living area in the premises is not in

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Order

The Tribunal declares that the carpet in the living area in the premises is not in a reasonable state of repair.

The applications to replace the wallpaper and the kitchen benchtop are dismissed.

The application is determined by the orders above, however the applicant is allowed until 5:00pm on Monday 21 August 2023 to contact the Tribunal by email to advise whether he seeks an order requiring the landlord to replace the carpet in the living area.

Reasons

Mr Coyle and Mr Berryman (for the landlord) attended a hearing on 28 July 2023.

Mr Coyle has applied to the Tribunal for work orders to replace carpet in the living area, repair or replace wallpaper, and replace the kitchen benchtop.

Under section 45(1)(b) Residential Tenancies Act 1986, a landlord has an obligation to provide and maintain the tenancy premises in a reasonable state of repair having regard to the age and character of the premises.

Where the Tribunal decides that the landlord has failed to do so, it may make an order for the landlord to carry out certain work. See section 78(1)(e) RTA.

After considering the available evidence from both parties, I agree that the carpet in the living area is not reasonably well maintained. It is worn through completely in an area by the front door and is worn bare in the doorway between the living area and the kitchen. These areas may soon rip and cause someone to fall.

The evidence does not satisfy me that the wallpaper or the kitchen bench need to be replaced. They both continue to perform their basic functions.

The landlord’s representative said that the landlord does wish to fully renovate the premises and has previously given notice to the tenant to terminate the tenancy for this reason. That notice was set aside by the Tribunal in previous proceedings.

A landlord can decide to give at least 90 days’ notice to a tenant to terminate a tenancy where – extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and— (i)it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and (ii)the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date. See section 51(2)(f) Residential Tenancies Act 1986 (RTA).

A termination of a tenancy for this reason must meet all the requirements above.

A landlord commits an unlawful act if they give a notice to terminate a tenancy knowing that they are not entitled to do so. The Tribunal may fine a landlord up to a maximum of $6,500.00 in exemplary damages if the tenant makes an application to the Tribunal and this is proven; s60AA and Schedule 1A RTA.

A landlord has a right to undertake extensive refurbishment as part of their ownership and management of tenancy premises.

A tenant and a landlord can agree on a way to meet both of their interests and needs. For example, a tenant may be able to move out of premises temporarily and stay elsewhere (usually they would not pay rent during this time).

If the landlord agrees to replace the carpet in the lounge or in the whole of the premises, I expect that an arrangement can be agreed to with the tenant to allow this to be done without needing to terminate the tenancy. Replacement of carpet in a small house, such as this, can often be done in a day or two. I do not consider it to be “extensive refurbishment”.

I adjourned the proceedings to allow the agent to discuss the issues with the landlord.

The landlord has decided to undertake extensive renovations to the premises which includes replacing all of the carpet.

The landlord has given notice to terminate the tenancy on 5 November 2023.

In light of this, there does not seem to be any practical need for a work order requiring the carpet to be replaced.

However, I allow the tenant until 5:00pm on Monday 21 August 2023 to contact the Tribunal by email to advise if he seeks an order requiring the landlord to replace the carpet in the living area. The file can then be reopened, and a telephone hearing scheduled to discuss the terms of this order.