What was the outcome of Tenancy Tribunal case 9057264?

The tribunal order states: By consent of the parties, the Tribunal orders that the applicants proceed with

How much money was awarded in case 9057264?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9057264?

The primary dispute was Healthy homes. Related themes: Unit Titles.

Where can I read the official tribunal order for case 9057264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233151-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9057264?

The tribunal order states: By consent of the parties, the Tribunal orders that the applicants proceed with

How much money was awarded in case 9057264?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9057264?

The primary dispute was Healthy homes. Related themes: Unit Titles.

Where can I read the official tribunal order for case 9057264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233151-UTA_Tribunal_Order.pdf.

Mount Cook, Wellington Tenancy Tribunal Case 9057264 — Healthy homes

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Reasons

The Tribunal has before it, an application from two unit owners against the body corporate.

In very brief summary, this is a unit titled building comprising four townhouses, in one block. The applicants own unit four, which is situated at one end of the complex. The applicants wish to install a heat pump, which requires that an external unit be placed outside, and the associated ducting to run from that unit, into the dwelling to the interior unit on the wall. This proposal was advanced at a meeting of the body corporate, and supported by the neighbouring unit three. However the owner of Units one and two (Ms Barnden) did not support the resolution, and because the combined votes based on unit entitlement were 50% for and against, then the resolution did not pass. The applicants have applied to the Tenancy Tribunal for minority relief.

I convened a hearing in Wellington today in order to hear from the parties. The parties had a Fulsome opportunity to set out their respective positions, and we also discussed the obligations around the Residential Tenancies (Healthy Homes) Regulations 2019 (HHS). As I noted, the HHS provides various requirements on landlords, if the premises were to be rented, but in short, the unit owners would be unable to rent these premises, without either a heat pump or wood burner fire being installed.

In any event, the parties discussed matters further at the hearing, and reached an agreement that both parties were happy with. That was that the applicants could proceed to install the heat pump, as they have proposed, but with one change. The premises are multi-level, and the living room is on the top floor. The applicant’s proposal was to run an external duct from the exterior heat pump unit, along an exterior walkway, then up the side of the building above a set of French doors, where it would enter the premises around ceiling level. It was agreed that that instead the duct would enter at the floor/walkway level, rather than running up the side of the building. What that means for the applicants, is that the duct would then run up the internal wall to the ceiling level, as opposed to being mounted vertically on the outside of the building.

However, the parties were both satisfied with that outcome, and confirmed that it could be recorded in this consent order, which it now is.

I thank the parties for the constructive approach to resolving this dispute today. The outcome in my assessment, is pragmatic and sensible.

Reasons

The Tribunal has before it, an application from two unit owners against the body corporate.

However, the parties were both satisfied with that outcome, and confirmed that it could be recorded in this consent order, which it now is.

I thank the parties for the constructive approach to resolving this dispute today. The outcome in my assessment, is pragmatic and sensible.

Tenancy Tribunal case 9057264 — Healthy homes in Mount Cook, Wellington

At a glance

Tenancy Tribunal case 9057264 — Healthy homes in Mount Cook, Wellington

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