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

SimplifiedLaw.co.nz
tenancy

What to do if a landlord refuses to fix a leak

Key Takeaway

In New Zealand, landlords are legally required to maintain rental properties and fix leaks. Tenants must promptly notify their landlord of any such issues. If a landlord fails to address a leak, tenants can formally request repairs and, if necessary, apply to the Tenancy Tribunal for orders compelling repairs, compensation, or rent reduction. Urgent repairs have a specific process.

Landlord's Obligation to Maintain a Rental Property

Landlords in New Zealand have a legal obligation to maintain their rental properties in a reasonable state of repair. This includes taking reasonable steps to ensure the premises are fit for human habitation, compliant with all building, health, and safety requirements, and to generally maintain the property. A leak, depending on its severity and location, can fall under these maintenance responsibilities [Source: Residential Tenancies Act 1986, s 45(1)(a), (c), (ca)].

Tenant's Responsibility to Notify

When a tenant discovers a leak or any damage to the property, they have a responsibility to notify the landlord as soon as practicable. This notification should ideally be in writing, such as an email or letter, to create a clear record [Source: Residential Tenancies Act 1986, s 40(1)(f)].

Landlord's Responsibility to Fix the Leak

Once notified, the landlord is generally expected to address and fix the leak in a timely manner. The specific timeframe can depend on the urgency of the repair. If the leak is causing significant damage, posing a health risk, or affecting essential services, it may be considered an urgent repair.

What if the Landlord Refuses or Delays?

If a landlord refuses to fix a leak or unduly delays the repair, tenants have several avenues available:

  1. Formal Written Notice: The tenant should send a formal written notice to the landlord, clearly stating the issue, the date it was first reported, and the expectation for it to be fixed. It is beneficial to include a reasonable timeframe for the landlord to act.

  2. Application to the Tenancy Tribunal: If the landlord still fails to address the leak after formal notice, the tenant can apply to the Tenancy Tribunal. The Tenancy Tribunal is an independent body that resolves disputes between landlords and tenants [Source: Residential Tenancies Act 1986, s 77]. The Tribunal has the power to make various orders, including:

    • Repair Orders: An order compelling the landlord to carry out the necessary repairs [Source: Residential Tenancies Act 1986, s 78(1)(d)].
    • Work Orders: Similar to repair orders, specifying the work to be done [Source: Residential Tenancies Act 1986, s 78A].
    • Compensation: An order for the landlord to pay the tenant compensation for any loss or damage suffered as a direct result of the leak and the landlord's failure to repair it. This could include damage to the tenant's belongings or increased power bills if a heater is needed to dry out damp areas [Source: Residential Tenancies Act 1986, s 78(1)(a)].
    • Rent Reduction: An order reducing the rent payable for the period during which the premises were affected by the leak, particularly if the leak significantly reduced the usability of the property [Source: Residential Tenancies Act 1986, s 78(1)(b)].
    • Exemplary Damages: In cases where the landlord's failure to fix the leak constitutes a serious breach of their obligations and was done knowingly or with reckless disregard, the Tenancy Tribunal may award exemplary damages. Exemplary damages are a sum of money awarded by the Tenancy Tribunal to punish a party for particularly bad behaviour and deter similar conduct, rather than purely to compensate for loss [Source: Residential Tenancies Act 1986, s 109].

  3. Urgent Repairs (Tenant Arranging Repairs): In specific circumstances, a tenant may be able to arrange for urgent repairs themselves and recover the costs from the landlord. This applies if:

    • The repair is to an essential service (e.g., water, sanitation) or to remedy something that causes damage to the premises or endangers health or safety [Source: Residential Tenancies Act 1986, s 45(2A)]. A significant leak could qualify.
    • The tenant has made reasonable efforts to notify the landlord.
    • The landlord has failed to remedy the situation within a reasonable timeframe (usually 24 hours for essential services or 3 working days for other urgent repairs).

    If these conditions are met, the tenant can arrange for the repairs to be done and recover the actual and reasonable cost of the repairs from the landlord, up to a maximum of $1,000, or a higher amount if the landlord has given written consent [Source: Residential Tenancies Act 1986, s 45(2B), (2C)].

When to Seek Independent Legal Advice

If a person is facing a persistent leak issue with their rental property and the landlord is unresponsive, or if they are considering applying to the Tenancy Tribunal, it is recommended that they seek independent legal advice. Information and assistance can be obtained from official bodies like Tenancy Services or a local Community Law Centre which provides free legal advice.

Key Resources