What was the outcome of Tenancy Tribunal case 4879161?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4879161?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4879161?

The primary dispute was State of repair. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4879161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10719435-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4879161?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4879161?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4879161?

The primary dispute was State of repair. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4879161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10719435-Tenancy_Tribunal_Order.pdf.

5 Amokura Street, Waikanae, Waikanae 5036 Tenancy Tribunal Case 4879161 — State of repair

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Reasons

Both parties attended the hearing.

Melanie has requested the Tribunal to order the landlord to carry out pest control work at the premises. Melanie has provided photos of some cockroaches that have been causing her concern. Melanie wants the landlord to spray the premises to prevent an infestation and stop the few insects that are entering the premises. She believes that this is maintenance work and therefore the landlord’s responsibility.

Section 45 of the Residential Tenancies Act 1986 sets out a landlord’s responsibilities. A landlord must provide the property in a reasonably clean and tidy condition when the tenancy begins but after that, is only required to maintain the premises. Some landlord maintenance involves cleaning, such as cleaning gutters. However spraying to prevent insects is neither maintenance nor cleaning.

The parties agreed that property is located in an area where there will be more insects that could enter the house. That is normal. Amber does not believe she has a responsibility to stop normal insect activity for that area of Waikanae.

A landlord is required to rectify where there is an infestation because that is not normal.

There is currently no section of the Residential Tenancies Act 1986 that requires a landlord to carry out preventive spraying. The emails from Melanie to the landlord show that she agrees, there is currently no infestation of insects. Spraying to stop what is normal and spraying to prevent an infestation is an option that the tenant has to enhance their comfort and enjoyment of the property.

For these reasons the claim must be dismissed. Name Suppression

Melanie has requested name suppression.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case (s 95, RTA

Melanie has not been successful with her claim to have the landlord pay for pest spraying. Her request for name suppression is not granted. (see Section 95A(1) of the Residential Tenancies Act 1986). Filing Fee

Melanie has requested payment of the filing fee. However because she has not been successful with the claim, the filing fee is not ordered.

Reasons

Both parties attended the hearing.

A landlord is required to rectify where there is an infestation because that is not normal.

For these reasons the claim must be dismissed. Name Suppression

Melanie has requested name suppression.

Melanie has requested payment of the filing fee. However because she has not been successful with the claim, the filing fee is not ordered.

Tenancy Tribunal case 4879161 — State of repair at 5 Amokura Street, Waikanae, Waikanae 5036

At a glance

Tenancy Tribunal case 4879161 — State of repair at 5 Amokura Street, Waikanae, Waikanae 5036

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions