Can't find the relevant section. Help line no good yet 1 hour waiting.

[Keys]

Section 56 deals with termination. Issuing a 14 day letter can lead to termination. It only deals with termination. nothing else.

My son asks me.

" if I want something fixed but do not want to terminate, what section do I use?"

I can't find it.

I've been told the TT has the power to issue works orders. Yes, yes, yes. How does the TT get the application?

The tenant does not have anything which I can see that gives him the right to contact the landlord to get work done.

There is no time frame which I can see.

Anyone out there able to give me a flow chart from the tenants point of view supported by references in the RTA?

Start, there is an issue.

Next? What does the tenant do about it and what section of the act gives the tenant the right to do it?

What are the landlords rights to fix? Is there a time frame for fixing written into the act?

The tenant needs to cross T's and dot I's before they go to the TT or make an application.

Lost ...............................

[Bobsyouruncle]

This is the form on the tenancy web site. https://tenancy.govt.nz/assets/Uploa...mplate-PDF.pdf

"Where the tenancy is not wanting to be terminated

When a breach occurs, you can send the person who is in breach a 14-day Notice to remedy. The notice tells them what they’ve done to breach the agreement, what they need to do to fix it, and how long they have to fix it.
The 3 most commons types of 14-day notice to remedy are:

• tenant to landlord for any breaches
• landlord to tenant for rent arrears
• landlord to tenant for any other breaches.

14-day notice to remedy templates can be downloaded below.
If you send a 14-day notice to remedy and the person does not fix the problem within the time allowed, you can apply to the Tenancy Tribunal to sort the matter out. As part of your application you can seek to end the tenancy, and you can require the person to do something such as fixing a leaking roof or paying the rent. You may also be able to seek exemplary damages if the Tribunal decides that’s appropriate.
The 14 days are calendar days, not working days. You need to allow for service time when you calculate the time you’re giving the other person to fix the problem."

[Perry]

" if I want something fixed but do not want to terminate, what section do I use?"

I can't find it.

Could this be a starting point?

45 Landlord’s responsibilities
(1) The landlord shall—
(d) compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where—
(i) the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious and urgent; and
(ii) the tenant has given the landlord notice of the state of disrepair or made a reasonable attempt to do so; and
(e) take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises.

[Keys]

Hi Bob. That is from the tenancy website. It has no legal back up. I spent some considerable time trying to track down the tenants legal authority to ask for work to be done. Couldn't fine any.

If you can, please share.

[Keys]

Perry. I've looked and looked.

Your link shows what the landlord needs to do and I agree, the landlord needs to do it.

[Perry]

Isn't it inferred? As in, the residential rental must meet certain RTA requirements?

If a tenant does not comply with the RTA requirements, cannot the LL assert there is a breach?

And would the reverse not also apply?

[Bobsyouruncle]

When you read all the case law on solicitors sites and any tenancy website they all say the same thing. I don't know why you need the exact law the process is tenant issues 14 day notice to fix. Of course as they all say it's in the act it must be there somewhere but I can't find it specifically.

[cube]

56 Termination for non-payment of rent and other breaches

(1)

On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that—
(a)

the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and
(b)

in the case of a breach capable of remedy,—
(i)

the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and
(ii)

the other party failed to remedy the default within the required period; and
(c)

that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.

(2)

Where an application is made by a landlord under this section and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section

This says that the tenant gives 14 days notice to fix a breach. If the breach isn't fixed, they can apply for a termination, but the TT won't issue a termination unless it is seen as equitable. So, in theory, tenant can issue a 14 day notice to fix a dripping tap. Landlord doesn't reply. Tenant applies for termination. TT says 'not a termination, but LL, please fix the tap'?

It doesn't say that the breach MUST be a termination-level event to warrant a 14 day notice.

[Xav]

Interesting question Keys.

Searching the Act for "14 days" doesn't yield any potentially useful results, apart from s56 (Termination). So it's not clear what the basis is for the websites Dean refers to stating that there is a 14 day notice period for work orders.

Section 77(2)(l) gives the tribunal jurisdiction over any breach of the Act by the landlord, and section 78(1)(e) empowers the tribunal to issue work orders. As far as I can see you're right that there's nothing setting out any requirement for notice. It would be prudent to give a reasonable period of notice, and 14 days would have to be regarded as reasonable given that's the timeframe in section 56.

I think the best you could do is probably issue a 14 day notice stating that on expiry the tenant will at his election apply for termination of the tenancy pursuant to section 56 or a work order pursuant to sections 77(2)(l) and 78(1)(e).

[Keys]

Yip, I understand that Xav.

The problem is, as I see it, there is no legal right for the tenant to apply to the TT for a works order as the RTA doesn't give any to them. If the tenant has no right to apply for a works order, why can the TT issue one?

[Xav]

I appreciate it's not as explicit as many of the other sections but the legal right to apply for a works order is in sections 77(2)(l) and 78(1)(e).

[Keys]

Section 77 and section 78 are there to give the tribunal the authority to act. Not the tenant to instigate the proceedings.

That's my problem.

[Bobsyouruncle]

WHat's your actual concern Keys? As every website related to tenancy law states that the act gives the tenant the right is that not enough?? Is there a problem tenant lurking somewhere or is this just a desire to have the law clear?

[Keys]

A desire to have the law clear.

[Bobsyouruncle]

We'd all like that :-). Sounds like it isn't in this case. Well it is clear to every lawyer but the documentation doesn't stack up to match.