Landlord fined $4,100 for failing to have working smoke alarms

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    A Christchurch landlord has been ordered to pay $4,100 after a non-compliant gas supply and non-working smoke alarms were found at one of her properties.

    Lina Liu, the landlord of two boarding houses, was taken to the Tenancy Tribunal by MBIE’s Tenancy Compliance and Investigations Team (TCIT) for failing to meet her responsibilities under the Residential Tenancies Act (RTA).

    “Following complaints of a gas leak at one of the boarding houses, the gas supply to the property was found to be non-compliant. When the TCIT team looked into Ms Liu’s operations, it was established that Ms Liu failed to have working smoke alarms at both of her properties and there were no written tenancy agreements with insulation statement in place,” National Manager Tenancy Compliance and Investigations Steve Watson said.

    The Tenancy Tribunal Ordered Ms Liu to pay $4000.00 in exemplary damages for these health and safety breaches, and additional $100.00 for failing to provide a written statement that adequately described the levels of insulation – a legal requirement that came into effect from 1 July 2016.

    “Insulation statements were introduced to give tenants certainty and choice when it comes to choosing which rental house to live in. The lack of understanding in this area is something we see a lot in our work – it is great to see the Tribunal support the importance of these statements,” Mr Watson said.

    “Just as important as the financial deterrent, the Tenancy Tribunal issued an Order that allows TCIT to return to the property to ensure the gas work has been fixed, which will ensure future tenants can safely live in the rental.”

    The Tribunal Order also issued a restraining Order for two years, which means if Ms Liu is found to breach the law again in that period, she could face criminal charges in the District Court.

    “Landlords need to comply with the provisions of the RTA and not put tenant safety at risk through poor maintenance and ignoring the law. The Tenancy Tribunal Order rightly stated that smoke alarms ‘go to the very heart of tenant safety’.

    “Securing this type of Order highlights the important work the Team is doing across New Zealand to hold landlords who seriously breach the RTA to account,” Mr Watson said.

Auckland landlord fined $2000 for not having smoke alarms

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    An Auckland landlord has been fined $2000 for failing to install smoke alarms in a rental property.

    The Ministry of Business, Innovation and Employment successfully took Arie Peter Sterk to the Tenancy Tribunal for the breach last week.

    Sterk has also been restrained from committing the same offence for six years, or will face further legal action.

    Steve Watson, MBIE’s national manager of the tenancy compliance and investigation team, said it served as a reminder to all landlords that failing to comply with tenancy laws would not be tolerated.

    “By failing to meet his legal obligations, Mr Sterk deprived his tenant of a warm, dry, and safe home, and put them at risk if there had been a fire,” said Watson.

    “It is important landlords realise not installing smoke alarms correctly isn’t only a legal compliance issue, but something that can have a very real effect on tenants.

    “When a landlord rents a property, they must have at least one working smoke alarm on each level, either in each bedroom, or within three metres of the bedroom door.”

    The best thing a landlord could do was download the compliance checklist from the Tenancy Services website (www.tenancy.govt.nz) to ensure they were fully compliant with their obligations, Watson said.

    Not installing smoke alarms can cost landlords exemplary damages of up to $4000.