Hamilton tenant fined for tampering with smoke alarm

[cube]

Yay for the tenancy tribunal.

A Hamilton tenant has been stung $1850 for tampering with a smoke alarm just weeks after a new rule was passed putting more of the responsibility on them.

Jade Davies is one of the first tenants to be targeted by the new law which came into effect on July 1 and requires landlords to install smoke alarms and tenants to ensure they are in working order which includes replacing batteries.

The Tenancy Tribunal ordered Davies to pay $3864.07 for unpaid rent, cleaning, damage and repairs at the Glenview property she was living in. Of that $1850 was earmarked for exemplary damages for tampering with smoke alarms.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11684709

[td91]

Very interesting.
Lesson learnt though, TT orders will be on the rise if this is to be the standard set by the TT. There will be tenants who will refuse to use smoke alarms for ridiculous reasons and landlords who won't bother installing smoke alarms.

[cube]

But isn't it a legal requirement now to have them installed, under the watered down rules put in place on 1 July

[Keys]

Pity the press didn't follow up on these orders years ago when I had them. Not a popular thing to do I suppose back then.

[Meehole]

Finally an adjudicator with some gonads. Pathetic that they all follow each others determinations when making their own. Haven't met one yet that can think for themselves.

[BigDreamer]

Very impressed with this ruling.

We took a Hamilton tenant to tenancy tribunal back in May this year and one of the items where removal (and damage) of the installed smoke alarm but I assume given that it was prior to July 1 the landlord were only awarded cost for replacing the damaged smoke alarm.

[Wayne]

but I assume given that it was prior to July 1 the landlord were only awarded cost for replacing the damaged smoke alarm.

The Building Act bit on interfering with a means of escape (alarm) was the same.
I suppose it has focused the adjudicators more now.

[Keys]

Very impressed with this ruling.

We took a Hamilton tenant to tenancy tribunal back in May this year and one of the items where removal (and damage) of the installed smoke alarm but I assume given that it was prior to July 1 the landlord were only awarded cost for replacing the damaged smoke alarm.

Come on guys. It was relevant in 2010!

[FJW]

Its a step in the right direction, all we need now is for the tribunal to waive the rules around careless damage

[Rentex]

Yes it's good to see it publicized.
Don't worry Keys, we have a couple of your tribunal order wins in this area from a while back.

[Nice]

To get damages on removal of smoke detectors at TT you have to ask for it. Always have and always will; if you ask and raise the appropriate RTA clauses, then they have no excuse not to pay it.

Worked in 2012, will continue to raise it; might use this one as a precedent, as only got $200 last time (plus the $60 for the detector that was missing)