Chattel conditions
Question from Merania updated on 18th April 2017:
I rented out a furnished property. The tenant has complained constantly that the fridge makes a noise and wants me to buy a new one. It is a fridge that I have used for many years and it always served its purpose. She signed a year's lease, then after a month gave 90 days' notice. With less than a month before she vacates, an I obliged to replace the fridge?
Our expert Allan Galloway responded:
Landlords are responsible for maintaining their rental premises in a reasonable state of repair, which includes any furniture or chattels that are provided as part of the tenancy. The requirement to replace any chattels (such as a fridge) will depend on their condition. You need to be sure that the current condition of the fridge is sufficient to comply with meeting your obligations of keeping the chattels in a reasonable state of repair.
Further, a fixed-term tenancy cannot be ended early by giving notice, as this only applies to a periodic tenancy. However, if both the landlord and tenant agree, then the fixed-term tenancy can be ended early by mutual agreement. For more on the rights and responsibilities of landlords and tenants, go to www.tenancy.govt.nz or subscribe to our e-newsletter Landlord News.
The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.Search the Ask an Expert archive
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