Key Takeaways
- The Tenancy Tribunal ruled partly in favor of a tenant who complained about multiple defects in a rental property managed by Crystal Realty Limited, trading as Harcourts Mount Roskill.
- The landlord, NNDS Limited, was ordered to pay the tenant $4972 in compensation for failing to maintain the heating, repair holes in the flooring, fix electrical sockets, and replace a faulty oven.
- The tenant reported issues with the property, including holes in the kitchen floor, a faulty oven, and a non-functioning heat pump, which led to health problems and increased power bills.
- The landlord claimed that the property’s planned demolition, which was postponed, affected their repair and maintenance decisions, but the tribunal found that they had failed to meet their legal obligations to the tenant.
- The tenant’s claims relating to a broken kitchen door, hallway floor covering issues, a leaking roof, and a failure to meet Healthy Homes Standards were dismissed.
Introduction to the Case
The Tenancy Tribunal recently ruled in a case involving a rental property managed by Crystal Realty Limited, trading as Harcourts Mount Roskill. The property was owned by NNDS Limited, a company in which Nick Kochhar has a 33% stake. The tenant, who was living in the property under a 12-month fixed tenancy, raised concerns about multiple defects in the home, including holes in the kitchen floor, a faulty oven, and a non-functioning heat pump. The tribunal found that the landlord had failed to maintain the heating, repair the holes in the flooring, fix electrical sockets, and replace a faulty oven, and ordered them to pay the tenant $4972 in compensation.
The Tenant’s Complaints
The tenant reported that there were holes in the kitchen floor, one of which her daughter fell through and hurt herself on at least one occasion. She raised the issue with the landlord in July 2023, three months after commencing the tenancy. The landlord replaced the floorboards in September 2023, but the tenant said the kitchen was still draughty, as the lino had not been replaced. She also reported issues with the oven, which was not heating properly, and was replaced with a second-hand model in September 2023. However, the replacement oven had a faulty door, and it was not until September 2025 that a new oven was installed. The tenant also reported problems with the heat pump, which was not working at the start of the tenancy, and the wood pellet burner, which developed issues in May 2024.
The Landlord’s Response
The landlord claimed that the property’s planned demolition, which was postponed, affected their repair and maintenance decisions. They said that they had to weigh up "what had to be done versus what the tenant would like to have done for cosmetic reasons or reasons that went beyond the owner’s legal obligations." However, the tribunal found that the landlord had failed to meet their legal obligations to the tenant, and that the postponement of the demolition did not excuse their failure to repair and maintain the property. The landlord also claimed that they had not intended to breach their legal obligations, but the tribunal found that their actions had caused significant distress and financial hardship to the tenant.
The Tribunal’s Decision
The Tenancy Tribunal ruled partly in favor of the tenant, upholding claims relating to the landlord’s failure to maintain the heating, repair the holes in the flooring, fix electrical sockets, and replace a faulty oven. The tribunal ordered the landlord to pay the tenant $4972, which included a $100 compensation for a power rebate. The tenant’s claims relating to a broken kitchen door, hallway floor covering issues, a leaking roof, and a failure to meet Healthy Homes Standards were dismissed. The tribunal’s decision highlights the importance of landlords meeting their legal obligations to tenants, even if the property is planned for demolition.
Conclusion
The case highlights the importance of landlords meeting their legal obligations to tenants, even if the property is planned for demolition. The tenant’s complaints about multiple defects in the rental property were upheld by the tribunal, and the landlord was ordered to pay compensation for their failure to repair and maintain the property. The case serves as a reminder to landlords to prioritize the health and safety of their tenants, and to take prompt action to address any issues that arise. It also highlights the importance of tenants reporting any issues to their landlords and seeking assistance from the Tenancy Tribunal if necessary. By doing so, tenants can ensure that their rights are protected and that they are living in a safe and healthy environment.