Room flooded but no compensation

[skid]

My daughters friend in Queenstown has had her room flooded from an accident outside the flat (by contractors)

the carpet is soaked and contractors have come -lifted it, and put large blow dryers ,making the room uninhabitable.(which is what they told her)

There will be no hot water for 3 days and the tenant is currently on the couch--So far the PM is saying no compensation.
Life is difficult as she works very early and cant sleep enough.

As far as I can see ,she is not being provided with the accommodation she is paying rent for.

I suppose it should be noted that there is a major housing shortage down there which provides a stressful backdrop
in terms of options.

As far as I know the landlord is not in Queenstown. Ive told them to keep paying rent ,so its a matter of recouping the lost rent. There are no alternative places for accommodation(according to the PM) available.

Suggestions on the best way to move forward would,Im sure be welcome.

[jimO]

plenty of motels in Qtown

[Perry]

Would compensation not be required from the contractor[s], rather than the PI/PM?

[Learning]

I'd say compensation is due from the contractors but it's the PM's responsibility to get it for the tenant.

The tenant is paying for a product/service from the PM and she's not getting her money's worth. Therefore the PM is failing in their responsibility under the consumers guarantees act in my opinion.

If the PM is not stepping up then the tenant should make more noise.

[Perry]

Therefore the PM is failing in their responsibility under the consumers guarantees act in my opinion. If the PM is not stepping up then the tenant should make more noise.

Not sure about the implication of the CGA. However, the RTA - certainly. The tenant should issue a 14 day notice, I suspect.

[Keys]

The tenant should issue a 14 day notice, I suspect.

I suspect the tenant wants to stay there Perry. Not leave.

[Perry]

I understood that, but a 14 day notice to comply with the RTA is not notice of end of tenancy and if the PM issues one, retaliation would be the likely motivation.

[richard56]

Not sure about the implication of the CGA. However, the RTA - certainly. The tenant should issue a 14 day notice, I suspect.

Hi
But then you could have the tenant sleeping on a couch for 13 days and on day 14 the PM say...all good we have dried out you room ...so it really doesn't sort out compensation for not having use of the room for X amount of days.
Thanks
Richard

[Perry]

Read section 45 and 59 of the RTA.

[Keys]

I understood that, but a 14 day notice to comply with the RTA is not notice of end of tenancy.

I'm being pedantic here Perry.

Please show the authority which a tenant has to give a 14 day notice to comply with the RTA in situations where termination is not considered.

[Perry]

I understood that, but a 14 day notice to comply with the RTA is not notice of end of tenancy and if the PM issues one, retaliation would be the likely motivation.

I'm being pedantic here Perry.

Please show the authority which a tenant has to give a 14 day notice to comply with the RTA in situations where termination is not considered.

I would not argue that with you, Keys. You know the RTA better than I do - by a country mile.

So, I rescind that and say that a TT appln should be lodged. One that includes the cost of the TTKK lodgement fee, if successful.

[Keys]

I looked a bit when my son asked me about it. Not being on the tenant side of things I assumed, as we all do, that the tenants have the right to issue a 14 day notice without the option of termination of the tenancy. I couldn't find it anywhere.

[Perry]

Yeah - neither could I. The destruction clauses didn't quite fit.

It would be interesting for a knowledgeable tenant to test that and (presuming nothing was done by the LL) see if the process got all the way through. Given the general pro-tenant bias of the TTKKKs, I suspect the tenant would win / get away with it.

[skid]

So that raises the issue--What course does this girl have to remedy this situation that was totally beyond her control? This one makes us LL and PMs not look so good so I suppose its in all our interests.

Its almost the opposite side of the coin to us landlords collecting bond for something---In this case she is not getting the product=room,for x amount of days,but is still being asked to pay for it.
The hard part of course is the fact that there is such a shortage of accommodation and anything that threatens her tenancy is obviously not great.

[PTWhatAGreatForum]

The smart and pragmatic approach would be for the tenant to contact the contracting company for compensation and follow this up in the DT if needed.