A non-functional extractor fan in a rental property can impact ventilation and potentially lead to issues such as dampness or mould. New Zealand tenancy law sets out the responsibilities of both landlords and tenants in such situations.
Landlord's Maintenance Obligations
Landlords have a general obligation to ensure that the premises are maintained in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(b)]. This obligation extends to fixtures and fittings provided with the tenancy, such as an extractor fan. Furthermore, landlords must comply with all building, health, and safety standards that apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(c)]. A broken extractor fan can affect the property's ventilation and could, in some circumstances, relate to health standards if its malfunction leads to excessive moisture or mould. Landlords are also generally required to maintain the premises [Source: Residential Tenancies Act 1986, s 45(1)(d)].
Tenant's Notification Obligation
Tenants are required to keep the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(a)]. Crucially, tenants must notify the landlord of any damage to the premises or fixtures as soon as possible [Source: Residential Tenancies Act 1986, s 40(1)(d)]. This notification should ideally be in writing to create a record.
The Repair Process
Once a tenant has notified the landlord about a broken extractor fan, the landlord is expected to arrange for its repair or replacement within a reasonable timeframe, given their obligations to maintain the property [Source: Residential Tenancies Act 1986, s 45(1)(b), s 45(1)(d)]. The Residential Tenancies Act 1986 does not stipulate a specific timeframe for non-urgent repairs, but reasonableness is key.
What if the Landlord Does Not Act?
If a landlord fails to meet their obligations regarding repairs, a tenant may apply to the Tenancy Tribunal for a resolution [Source: Residential Tenancies Act 1986, s 77(2)]. The Tenancy Tribunal is an independent judicial body that resolves disputes between landlords and tenants. The Tribunal has the power to order the landlord to carry out repairs, reduce the rent, or pay compensation to the tenant [Source: Residential Tenancies Act 1986, s 77(3)].
Urgent versus Non-Urgent Repairs
The Residential Tenancies Act 1986 distinguishes between urgent and non-urgent repairs. An urgent repair is defined as damage that makes the premises unsafe or unhealthy, or that causes or is likely to cause injury to persons or undue inconvenience or annoyance to the tenant [Source: Residential Tenancies Act 1986, s 62(1)(a)].
In most cases, a broken extractor fan would likely be considered a non-urgent repair. However, if the lack of an extractor fan immediately causes severe dampness or mould that makes the premises unhealthy or unsafe, it could potentially be considered an urgent repair.
For urgent repairs, if a landlord does not respond promptly after being notified, the tenant may arrange for the repair to be carried out and then seek reimbursement from the landlord, provided certain conditions are met [Source: Residential Tenancies Act 1986, s 62(1)(b), s 62(2), s 62(3)]. However, this specific procedure for urgent repairs typically does not apply to a standard broken extractor fan that does not immediately pose a severe health or safety risk.
When to Seek Independent Legal Advice
For specific guidance related to individual circumstances, it is advisable for individuals to contact relevant official bodies such as Tenancy Services or to seek free legal assistance from Community Law Centres for tailored information about their situation.