A Christchurch landlord has been ordered to pay its renters compensation for an ant infestation. Photo / stock
A Christchurch landlord has been ordered to pay its renters compensation for an ant infestation. Photo / stock
Christchurch renters who had to live with an ant infestation, a broken oven, electrical faults and a defective heat pump over the bite of winter have been awarded more than $2000.
A Tenancy Tribunal ruled that Rentworks Property Management in Christchurch breached its obligations as a landlord.
It ordered the company pay its former tenants Zanna and Steven Hardcastle $2330.44 in compensation and exemplary damages.
The Hardcastles first noticed that the seal around the oven was loose on June 4 this year and told their landlord straight away. The next day the seal broke completely.
More than seven weeks later when the oven still wasn't fixed, the couples served their landlord with a breach notice.
But it wasn't until September 11 - 87 days later - that the oven was finally replaced.
During that time, the Hardcastles had to buy a rice cooker and a barbeque to cook their food because they said it was unsafe to use the oven's hob to cook.
They also claimed the cost of takeaway meals.
The Tribunal didn't accept they were without the use of a hob, but awarded them $600 compensation for not having an oven.
"An oven is a very important appliance in a home and so a speedy response was required.
"Even with the time it would take to investigate alternatives to repairing the oven, it should not have taken longer than 14 days to conclude that the oven needed replacing and to replace it."
The ant infestation
At the start of their tenancy, the Hardcastles told their landlords there was an ant infestation and a contractor was sent to the property four times to deal with it but the problem was never brought under control.
The landlords suggested it was "the way that the tenants kept the property" which contributed to the problem.
But the tribunal found that the ant infestation was there at the start of the tenancy and should have been dealt with before the Hardcastles moved in.
Tenancy adjudicator R Armstrong wrote in the decision that "ants and other pests can be a problem even in properties that are well maintained".
The Hardcastles were awarded $200 for the problem.
"The ants are unpleasant to have in the house and detract from the enjoyment of the premises."
Electrical faults and a broken heat-pump
The Hardcastles also complained to Rentworks Property Management that there were lights that didn't work and the extractor fan was faulty.
They also said their heat-pump didn't work properly so their home was "very cold" in winter.
A Christchurch landlord has been ordered to pay compensation for a faulty heat pump. Photo / stock
The landlords said there was a log burner in the house the couple could use and pointed out that their electricity use would vary according to changes in the weather.
But the tribunal found the landlords were responsible for six weeks of a faulty heat-pump and took into consideration that their electricity use probably would have been higher because of this.
The adjudicator awarded the couple $210 for this and a further $200 for the electrical faults which were "an annoyance" that "detracted from the general enjoyment of the premises".
Disruptive workmen
Another complaint was that workmen came to the Hardcastles' home without warning but allowed them in because they wanted to have the work done.
But Armstrong found that while the Landlord and Tenant Act 1986 requires that landlords give notice of workmen, "there needs to be a certain practical common sense applied to the situation".
"Workmen are not always able to abide by a strict timetable. They will sometimes turn up at short notice or without notice.
"If the tenant lets them in, their entry is with the tenant's consent and there is no unlawful entry."
Exemplary damages
The tribunal found the main problem in this case was that the landlord didn't thoroughly check the premises before the start of the tenancy.
"Many of the problems that arose could have been avoided if such a check had been made and if appropriate remedial action had been taken before the tenancy began."
Armstrong accepted that during the tenancy, the landlord responded to complaints and did a considerable amount of remedial work on the premises.
"This was not a landlord who ignored its responsibilities or who was not willing to spend money on the premises.
"But some problems should not have arisen during the tenancy and others were not addressed within a reasonable time.
Armstrong found Rentworks Property Management fell short in some respects of its obligations as a landlord and so there needed to be exemplary damages to mark the Tribunal's disapproval.
Compensation: Oven $600.00 Compensation: Electrical $200.00 Compensation: Ants $200.00 Heat pump $210.00 Cleaning $50.00 Exemplary damages: $1050.00 Filing fee reimbursement $20.44 Total payable by landlord to tenant: $2330.44
The Hardcastles and Rentworks Property Management have been approached for comment.
