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rental property and Consumer Protection Act

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  • rental property and Consumer Protection Act

    Hi All,

    I would like to share my story with you and get your advice.

    An induction cooker was bought in the rental property on May 2015. The top was no response 3 months after the warranty period on Aug, 2017. I contacted the retailer and the NZ office of the supplier, they refused to pay for the repairing fee. After that I contacted the head office of the supplier in Australia. They offered to repair it for free. During the fixing, the top was damaged by their contractor, a new one was replaced and the technician said that would be another 2 years warranty. I forgot to ask for the paper, but the tenant can do as the witness.

    On April, 2020, the tenant said the induction cooker did not work. Again, the problem happened a few months after the warranty period. This time I contacted their contractor to repair it straight away and thought to pass the bill on to them later. Two boards are found to be broken, needs to spend over $2,000 for replacing. It seems the product is not produced for durable, with an acceptable time of using. I contacted the retailer who is under new management just before lockdown. They said I had no legal ability to claim them under the Consumer Act because they were the new owner. I contacted the NZ office. They said the financial transaction and sale of product took place in the retailer. I contacted Australia headquarter. They said they were only responsible for the claims in Australia, not in NZ.

    Today, I call consumer protection service centre. The answer is it could be protected under the Consumer protection act if the cooker is used in my owner house instead of the rental property. The advice is to seek independent legal advice from the lawyer because the case is covered by the Commercial Law Act.

    Any one with the same experience? I am looking forward to all the suggestions.

    Thanks and Regards

    Winny

  • #2
    Worse case scenario just replace it with a normal cooker for less than the $2K.

    cheers,

    Donna
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    Comment


    • #3
      I can't remember where, but I recently saw something that debunked the idea that rental chattels are not covered by the CGA. A rental property is not a commercial environment, it is residential.
      My blog. From personal experience.
      http://statehousinginnz.wordpress.com/

      Comment


      • #4
        Interesting but sane way of looking at such things.

        Comment


        • #5
          Originally posted by Winny View Post
          . . . the Consumer Protection Act
          There is no such Act in NZ legislation / law, Winny.

          As sidinz implied, it is called the Consumer Guarantees Act.

          Comment


          • #6
            don't use induction hobs. Bad news all round.

            Comment


            • #7
              Originally posted by Winny View Post
              Hi All,

              Today, I call consumer protection service centre. The answer is it could be protected under the Consumer protection act if the cooker is used in my owner house instead of the rental property. The advice is to seek independent legal advice from the lawyer because the case is covered by the Commercial Law Act.
              It's a lie.



              To contract out they had to make you sign a specific piece of paper about taking no liability under CGA.

              Comment


              • #8
                Originally posted by Viking View Post
                don't use induction hobs. Bad news all round.
                Why? Viking, can you please expand on this...


                Are you speaking generally or specific to rental properties?

                Comment


                • #9
                  Originally posted by Perry View Post
                  There is no such Act in NZ legislation / law, Winny.

                  As sidinz implied, it is called the Consumer Guarantees Act.
                  Yes. I searched the web it is called the Consumer Guarantees Act. But the person in the consumer protection centre always asked it as Consumer Protection Act.

                  Comment

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