Tenancy Tribunal:Thieves break into tenant's home after landlord fails to fix broken window

Clayton Hutton was burgled at his rental home over the silly season last year. Photo / 123RF

A tenant's battle for compensation after a broken latch resulted in burglary has backfired, leaving him owing nearly $1000.

Clayton Hutton took his landlords to the Tenancy Tribunal after his home was burgled late last year.

The Lower Hutt man claimed that the landlords breached their obligations under the Residential Tenancies Act 1986 by failing to provide and maintain the premises in a reasonable state of repair.

Hutton reported the broken latch on one of the lounge windows. The damage meant that the window was not lockable.

Hutton expressed his concern about the risk of burglary in an email, which the landlord acknowledged. But, despite two follow-up emails, the window was still not fixed.

"Being the silly season I want to make sure my home is secure. I would really appreciate it if this could be prioritised, I informed Quinovic of these issues at the last inspection, five weeks ago," Hutton said.

The landlord replied it was difficult to find a tradesman at that time of year.

Five days later the tenants were burgled and evidence showed that entry was gained through the broken lounge window.

Tenancy Adjudicator K Stirling noted that it was not the tenant's but the landlord's responsibility to have the window secured.

"The landlord should have identified it was a security issue and should have taken the steps to secure the window until it could be repaired."

Stirling noted that the landlords had breached their obligation and are liable to compensate the tenant for the breach.

Hutton claimed that the compensation should include insurance excess, the cost of goods stolen that were not covered by insurance and moving costs.

Hutton told the tribunal he needed to end the tenancy agreement earlier than expected because of how unsafe he felt in his own home.

Adjudicator Stirling said that although the burglary happened through the broken latch, it is impossible to know if it would have been prevented altogether if the window had been fixed.

Because Hutton was unable to show the tribunal any evidence of belongings stolen, his claim for reimbursement of goods stolen was dismissed.

Not only did Hutton fail in his claim for compensation, but he was left out of pocket when the landlords alleged he failed to clean the premises and damaged the curtains and walls during his tenancy agreement.

The landlords also claimed damage to the gate and bathroom wall was more than just wear and tear, but this was dismissed by Stirling.

In a decision released in March, Hutton was ordered to pay Quinovic property management $942. 65 for the cleaning cost and damage to the walls and curtains.

Adjudicator Stirling dismissed all other claims.