Question from Denise updated on 1st July 2015:
Our tenant took us to the Tenancy Tribunal to fix the element on the stove, a roof that she claimed was leaking after it had been fixed and failed to mention it to us. As ordered by the Tribunal, the electrician took a look at the element and due to the age of the unit he said we would be better off to replace it. The original oven was a standard oven with four elements. The cottage is only 50sqm so a nice two ring half oven to reduce space and what we install has to be a plug in one as it is classified as a sleep out.The tenant refused to allow us to put in this one and the adjudicator said that we have to replace it with a similar or like one but when I spoke to the Tribunal support line I was told that as I had been only ordered to repair the elements that I could replace it with one of my choice. I am confused with it all don't know what to do. Please help?
Our expert Alan Bruce responded:
Under the Residential Tenancies Act 1986 (the Act) the Tenancy Tribunal has the jurisdiction to make any order to fairly and expeditiously resolve a dispute brought before it. While the Ministry of Business, Innovation and Employment (the Ministry) provides advice on how the Act may apply given a specific set of circumstances, it can only do so based on the information provided to it. In the first instance, you should refer to the specific directions contained in your most recent Tenancy Tribunal Order relating to this matter, and if you have any doubts regarding the direction of the Tribunal, contact the Ministry of Justice to seek further guidance and direction from the Tribunal. You can contact the Ministry of Justice by calling 0800 268 787 or 09 802 3930 in the Auckland area quoting your Tenancy Tribunal order number.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.