What was the outcome of Tenancy Tribunal case 4679070?

The tribunal order states: The Bond Centre is to pay the bond of $2,760.00 (5977797-003) to Pirihira

How much money was awarded in case 4679070?

Smoke Alarms: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4679070?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4679070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9426047-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4679070?

The tribunal order states: The Bond Centre is to pay the bond of $2,760.00 (5977797-003) to Pirihira

How much money was awarded in case 4679070?

Smoke Alarms: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4679070?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4679070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9426047-Tenancy_Tribunal_Order.pdf.

27 Fairdale Avenue, Red Hill, Papakura 2110 Tenancy Tribunal Case 4679070 — Smoke alarms

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27 Fairdale Avenue, Red Hill, Papakura 2110 Tenancy Tribunal Case 4679070 — Smoke alarms | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4679070. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Exemplary damages due to no working smoke alarms	$1,000.00		Exemplary damages due to no working smoke alarms

Claims and awards for application 4679070. Verify on MoJ.

Exemplary damages due to no working smoke alarms

Amount: $1,000.00
Awarded to: Landlord
Reason: Exemplary damages due to no working smoke alarms

Claim types — money lines allowed on this order

Replace Smoke Alarms

Order

The Bond Centre is to pay the bond of $2,760.00 (5977797-003) to Pirihira Rakete immediately.
Oaks Property Management Limited - As Agent For Sahil Bansal & Chetna Chadha must pay Pirihira Rakete $1,000.00 immediately.

Reasons

Both parties attended the hearing.
Pirihira Rakete claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
The tenancy lasted only 6 weeks after the tenant moved into the premises in April 2023.
Under section 45, a landlord must: a) provide the premises in a reasonable state of cleanliness b) provide and maintain the premises in a reasonable state of repair c) comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 d) comply with any relevant enactment in relation to buildings, health and safety
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The premises have not been presented and provided to the tenant in a reasonably clean and tidy condition at the start of the tenancy. The garage was full of the belongings left behind by the previous tenants and was heavily tagged and in disarray. The main house was not in a tenantable state due to boarded up windows, and generally untidy condition as well as unrepaired areas of the premises.
I consider that the landlord’s claim for rent arrears of $1,184.29 and water rates of $40.46 should be set off against the compensation award in favour of the tenant. The tenant had to endure for 6 weeks at this property and had been put to inconvenience, and while suffering loss of amenities. The premises was clearly not in a rentable state and the willingness of the tenant to move into the premises at the time cannot be a factor that now counts against the tenant in her claim for compensation.
For those reasons, I find that the entire bond should be refunded to the tenant forthwith.
The landlord also failed to install or ensure that there is a working smoke alarm in the sleeping spaces or within 3 metres of the entrance to every sleeping space. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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.
I consider an award of exemplary damages of $1,000.00 in favour of the tenant appropriate in the circumstances.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4679070. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Exemplary damages due to no working smoke alarms	$1,000.00		Exemplary damages due to no working smoke alarms

Claims and awards for application 4679070. Verify on MoJ.

Exemplary damages due to no working smoke alarms

Amount: $1,000.00
Awarded to: Landlord
Reason: Exemplary damages due to no working smoke alarms

Claim types — money lines allowed on this order

Replace Smoke Alarms

Order

The Bond Centre is to pay the bond of $2,760.00 (5977797-003) to Pirihira Rakete immediately.
Oaks Property Management Limited - As Agent For Sahil Bansal & Chetna Chadha must pay Pirihira Rakete $1,000.00 immediately.

Reasons

Both parties attended the hearing.
Pirihira Rakete claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
The tenancy lasted only 6 weeks after the tenant moved into the premises in April 2023.
Under section 45, a landlord must: a) provide the premises in a reasonable state of cleanliness b) provide and maintain the premises in a reasonable state of repair c) comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 d) comply with any relevant enactment in relation to buildings, health and safety
Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
The premises have not been presented and provided to the tenant in a reasonably clean and tidy condition at the start of the tenancy. The garage was full of the belongings left behind by the previous tenants and was heavily tagged and in disarray. The main house was not in a tenantable state due to boarded up windows, and generally untidy condition as well as unrepaired areas of the premises.
I consider that the landlord’s claim for rent arrears of $1,184.29 and water rates of $40.46 should be set off against the compensation award in favour of the tenant. The tenant had to endure for 6 weeks at this property and had been put to inconvenience, and while suffering loss of amenities. The premises was clearly not in a rentable state and the willingness of the tenant to move into the premises at the time cannot be a factor that now counts against the tenant in her claim for compensation.
For those reasons, I find that the entire bond should be refunded to the tenant forthwith.
The landlord also failed to install or ensure that there is a working smoke alarm in the sleeping spaces or within 3 metres of the entrance to every sleeping space. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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.
I consider an award of exemplary damages of $1,000.00 in favour of the tenant appropriate in the circumstances.

Tenancy Tribunal case 4679070 — Smoke alarms at 27 Fairdale Avenue, Red Hill, Papakura 2110

At a glance

Tenancy Tribunal case 4679070 — Smoke alarms at 27 Fairdale Avenue, Red Hill, Papakura 2110

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