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  1. #21
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    No mention of going for clean-up costs from the tenant.

  2. #22
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    May 2004
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    Housing NZ probably worked out it would cost more to chase and maybe get $5 a week, than to write it off.

  3. #23
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    Dec 2014
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    147

    Default

    A few more. I included the light bulb one because if I remember correctly I've seen a decision somewhere else that the LL is responsible for light bulbs.
    Edit:​Just found a contrasting ruling. (2n'd row in table)
    Edit 2: As I find time I'll just add to this list, rather than create a new posting each time.
    Third one is just something new LLs should be aware of.
    The fourth one though - that was surprising!

    Summary Tribunal # Notes / Reasons
    It is generally regarded as a tenant’s obligation to replace light bulbs that have failed. 4009774 Reason 38
    It is the landlord's responsibility to replace them 4010488 4th to last paragraph
    A landlord cannot necessarily expect premises to be left in a condition whereby they are immediately relettable 4011839 Reason 8
    Tenant liable for interest on cost of repairs required earlier than would normally be expected 4012588 Reason 12
    Tenant entitled to compensation for interference arising from open homes or viewings when selling a property, other than in cases of well managed, minimal interference 15/01308/WN Reason 34
    Landlord is responsible for cost of external window cleaning 4002395 Reason 4
    Last edited by BigWal; 24-05-2016 at 01:57 PM. Reason: As I find time I'll just add to this list, rather than create a new posting each time.

  4. #24
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    Mar 2013
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    Auckland
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    Quote Originally Posted by BigWal View Post

    Tenant liable for interest on cost of repairs required earlier than would normally be expected
    What does that mean?
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  5. #25
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    Quote Originally Posted by sidinz View Post
    What does that mean?
    Read the determination - it explains it all.

  6. #26
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    Dec 2014
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    147

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    Quote Originally Posted by sidinz View Post
    What does that mean?
    What the hell - I may as well try and explain it clearer.


    • Tenant destroys 6 year old carpet
    • Carpet life is estimated at 10 years (or whatever the guidelines are)
    • LL gets awarded 40 % of the cost of new carpet
    • They also get 4 years interest on that 40%, as they had to pay it 4 years earlier than they planned.

  7. #27
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    Mar 2013
    Location
    Auckland
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    Default

    Kinda seems like double dipping.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  8. #28
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    Quote Originally Posted by sidinz View Post
    Kinda seems like double dipping.
    In what way?

  9. #29
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    Mar 2013
    Location
    Auckland
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    Because the landlord is being awarded money twice to compensate for the loss of four years' use of the carpet.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  10. #30
    Join Date
    Dec 2014
    Posts
    147

    Default Few more decisions

    PMs (or anybody acting as agent for a property owner) might be interested in the second one.

    Chch Landlords, esp. with 'upmarket' properties will be interested in the 3'rd decisio in its entirety. Read the TT ruling, and draw your own conclusions.

    Positive consent must be obtained by the landlord before the property is entered to show prospective tenants. Positive consent does not arise by simply leaving a message on a telephone. 4001426 4'th last paragraph
    Property Manager (or the property owner's agent) is responsible for any matter regarding health and safety, regardless if the property owner fails to properly carry out the work required. 15/00593/CH Decisions 76 to 79. In short, the property owner chose to use uncertified people to fix the gas supply, but the property manager ended up being pinged with exemplary damages, as they were seen as having allowed this.
    Landlord not responsible for supply of gas bottles for a property with gas hobs / gas fire. 15/02830/CH Decision 44.
    LL only entitled to 21 days of rent after they become aware a tenant has died. 4018233 Reason 3
    Last edited by BigWal; 31-05-2016 at 05:11 PM. Reason: Added 'in its entirety'.


 

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