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Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

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tenancy

Can a landlord leave broken furniture on the property?

Key Takeaway

Landlords in New Zealand must maintain residential premises, including any supplied furniture, in a reasonable state of repair, cleanliness, and safety. Leaving broken furniture may breach these obligations, particularly if it was provided for the tenancy. Tenants can apply to the Tenancy Tribunal for orders to remedy such breaches.

A landlord's ability to leave broken furniture on a residential property in New Zealand is governed by the Residential Tenancies Act 1986 (RTA), which outlines specific obligations for landlords regarding the condition of the residential premises (the land, buildings, or part of a building occupied as a home, including any existing fixtures and fittings supplied with the premises) [Source: Residential Tenancies Act 1986, s 2(1)].

Landlord's Obligations Regarding Property Condition

Landlords have a general duty to ensure the residential premises are suitable for the tenant to live in. Specifically, the RTA imposes several key obligations on landlords:

  • Reasonable state of cleanliness: The landlord must ensure the residential premises are in a reasonable state of cleanliness [Source: Residential Tenancies Act 1986, s 45(1)(a)].
  • Reasonable state of repair: The landlord must maintain the residential premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(b)].
  • Health and safety compliance: The landlord must comply with all requirements relating to buildings, health, and safety under any enactment that applies to the premises [Source: Residential Tenancies Act 1986, s 45(1)(c)].

Application to Supplied Furniture

If furniture is supplied by the landlord as part of the tenancy agreement, it is generally considered a 'fitting' or 'chattel' included within the residential premises [Source: Residential Tenancies Act 1986, s 2(1)]. Therefore, these items fall under the landlord's obligations for maintenance, cleanliness, and safety. If such supplied furniture is broken, it could constitute a breach of the landlord's duty to maintain the premises in a reasonable state of repair or cleanliness. Furthermore, broken furniture could pose a health and safety risk, potentially breaching the landlord's obligation under section 45(1)(c).

If the furniture is not supplied for use by the tenant but is merely left on the property by the landlord, it could still be a breach if it obstructs the tenant's reasonable use of the property, affects the general cleanliness, or creates a hazard. This could also potentially interfere with the tenant's right to quiet enjoyment of the premises [Source: Residential Tenancies Act 1986, s 38]. Quiet enjoyment refers to the tenant's right to live peacefully in the property without unreasonable interference from the landlord.

Tenant's Rights and Remedies

If a landlord breaches their obligations by leaving broken furniture on the property, tenants have recourse through the Tenancy Tribunal. The Tenancy Tribunal is an independent body established under the Residential Tenancies Act 1986 to resolve disputes between landlords and tenants [Source: Residential Tenancies Act 1986, s 67].

Tenants can take the following steps:

  1. Notify the landlord: While not explicitly mandated by a specific section for initial communication, it is generally advisable for a tenant to first inform the landlord in writing about the broken furniture and request its repair or removal. This creates a record of the communication.
  2. Apply to the Tenancy Tribunal: If the landlord fails to address the issue within a reasonable timeframe, or if an agreement cannot be reached, the tenant may apply to the Tenancy Tribunal [Source: Residential Tenancies Act 1986, s 45(2)]. The Tribunal has jurisdiction to hear and determine applications made by tenants regarding breaches of the Act [Source: Residential Tenancies Act 1986, s 77(1)].

Potential Orders from the Tenancy Tribunal

Upon hearing an application, the Tenancy Tribunal has the power to make various orders, including:

  • Order to remedy: The Tribunal can order the landlord to remedy the breach, which may involve repairing the broken furniture, replacing it, or removing it from the property [Source: Residential Tenancies Act 1986, s 45(3)(a); Residential Tenancies Act 1986, s 78(1)(d)].
  • Payment of damages: The Tribunal may order the landlord to pay compensation (damages) to the tenant for any loss or inconvenience suffered due to the breach [Source: Residential Tenancies Act 1986, s 45(3)(b); Residential Tenancies Act 1986, s 78(1)(e)].
  • Exemplary damages: In cases where the landlord's breach was intentional, the Tribunal may award exemplary damages to the tenant [Source: Residential Tenancies Act 1986, s 78A].

When to Seek Independent Legal Advice

Individuals requiring specific guidance on their personal situation, interpreting their tenancy agreement, or understanding the application process for the Tenancy Tribunal should seek independent legal advice. Information on legal assistance can be found through official government channels or by contacting Community Law Centres for free advice and support.

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