What was the outcome of Tenancy Tribunal case 4727331?

The tribunal order states: Tanka Nath Regmi Upadhya and Gita Poudel Regmi Upadhya must pay

How much money was awarded in case 4727331?

Filing Fee: $20.44 awarded to landlord; Smoke Alarms: $586.79 awarded to landlord

What type of tenancy dispute was case 4727331?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4727331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9672279-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4727331?

The tribunal order states: Tanka Nath Regmi Upadhya and Gita Poudel Regmi Upadhya must pay

How much money was awarded in case 4727331?

Filing Fee: $20.44 awarded to landlord; Smoke Alarms: $586.79 awarded to landlord

What type of tenancy dispute was case 4727331?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4727331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9672279-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1004, 53 Cook Street, Auckland Central, Auckland Tenancy Tribunal Case 4727331 — Smoke alarms

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Unit/Flat 1004, 53 Cook Street, Auckland Central, Auckland Tenancy Tribunal Case 4727331 — 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 4727331 — net $607.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Smoke alarm repair	$586.79	Smoke alarm repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$607.23
Total payable by Tenant to Landlord	$607.23

Claims and awards for application 4727331 — net $607.23 NZD. Verify on MoJ.

Smoke alarm repair

Amount: $586.79
Awarded to: Landlord
Reason: Smoke alarm repair

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $607.23

Total payable by Tenant to Landlord

Landlord $607.23

Claim types — money lines allowed on this order

Filing Fee Replace Smoke Alarms

Order

Tanka Nath Regmi Upadhya and Gita Poudel Regmi Upadhya must pay Auckland City-Living Management Limited As Agent For Samuel Yap & Y B Chao $607.23 immediately, calculated as shown in table below: DescriptionLandlord Smoke alarm repair$586.79 Filing fee reimbursement$20.44 Total award$607.23 Total payable by Tenant to Landlord$607.23

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenants.
Auckland City-Living Management Limited As Agent For Samuel Yap & Y B Chao claims the tenant has removed or interfered with the smoke alarm and seeks reimbursement of the cost of repair in the sum of $586.79 and reimbursement of the filing fee.
A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab) Residential Tenancies Act 1986. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms.
The tenants rent an apartment in an apartment block in the city.
On 16 July 2023 Argus Fire Protection attended the tenant’s apartment due to a notification in their system that the smoke detector in the tenant’s unit was missing. The technician recorded that they refitted the smoke detector. After questioning from the tenant the landlord sought further information and provided an email to the Tribunal from Argus dated 24 October 2023 which stated “Our technician advised “The smoke detector was tampered with. I got to the unit to refit back to the smoke base property and clear the fault”.”
The tenants have not attended today to respond to the landlord claim.
Having considered the evidence I find that the landlord has proved on the balance of probabilities that the smoke alarm was tampered with during the tenancy and the tenants are responsible for the repair.
The amount of $586.79 is proved. An invoice has been provided.
Because Auckland City-Living Management Limited As Agent For Samuel Yap & Y B Chao has wholly succeeded with the claim I must reimburse the filing fee.

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 4727331 — net $607.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Smoke alarm repair	$586.79	Smoke alarm repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$607.23
Total payable by Tenant to Landlord	$607.23

Claims and awards for application 4727331 — net $607.23 NZD. Verify on MoJ.

Smoke alarm repair

Amount: $586.79
Awarded to: Landlord
Reason: Smoke alarm repair

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $607.23

Total payable by Tenant to Landlord

Landlord $607.23

Claim types — money lines allowed on this order

Filing Fee Replace Smoke Alarms

Order

Tanka Nath Regmi Upadhya and Gita Poudel Regmi Upadhya must pay Auckland City-Living Management Limited As Agent For Samuel Yap & Y B Chao $607.23 immediately, calculated as shown in table below: DescriptionLandlord Smoke alarm repair$586.79 Filing fee reimbursement$20.44 Total award$607.23 Total payable by Tenant to Landlord$607.23

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenants.
Auckland City-Living Management Limited As Agent For Samuel Yap & Y B Chao claims the tenant has removed or interfered with the smoke alarm and seeks reimbursement of the cost of repair in the sum of $586.79 and reimbursement of the filing fee.
A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab) Residential Tenancies Act 1986. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms.
The tenants rent an apartment in an apartment block in the city.
On 16 July 2023 Argus Fire Protection attended the tenant’s apartment due to a notification in their system that the smoke detector in the tenant’s unit was missing. The technician recorded that they refitted the smoke detector. After questioning from the tenant the landlord sought further information and provided an email to the Tribunal from Argus dated 24 October 2023 which stated “Our technician advised “The smoke detector was tampered with. I got to the unit to refit back to the smoke base property and clear the fault”.”
The tenants have not attended today to respond to the landlord claim.
Having considered the evidence I find that the landlord has proved on the balance of probabilities that the smoke alarm was tampered with during the tenancy and the tenants are responsible for the repair.
The amount of $586.79 is proved. An invoice has been provided.
Because Auckland City-Living Management Limited As Agent For Samuel Yap & Y B Chao has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4727331 — Smoke alarms at Unit/Flat 1004, 53 Cook Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4727331 — Smoke alarms at Unit/Flat 1004, 53 Cook Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions