Over a long weekend a tenant cannot reach the property manager about a burst pipe flooding the kitchen, so she pays a plumber $420. What is her position?
Correct Answer
B) The landlord must reimburse her reasonable costs for the urgent repair.
Section 45(1)(d) requires the landlord to compensate the tenant for reasonable expenses of repairs where the disrepair was not caused by the tenant's breach, is likely to cause injury or damage or is otherwise serious and urgent, and the tenant gave or reasonably tried to give notice. A burst pipe flooding the kitchen fits.
Why This Is the Correct Answer
Section 45(1)(d) makes the landlord pay reasonable costs of urgent repairs the tenant arranged after trying to give notice.
Why the Other Options Are Wrong
Option A: She must bear the cost because the landlord did not approve the plumber in advance.
Section 45(1)(d) covers reasonable costs where the tenant notified, or tried to notify, the landlord.
Option C: She can deduct the cost from the bond held by Tenancy Services.
Bonds are held by the chief executive and cannot be used this way during a tenancy.
Option D: She can recover it only if the plumber was chosen from the landlord's approved list.
The test is urgency, reasonableness and an attempt to notify, not an approved list.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Urgent repair plus an attempt to notify means the landlord pays.
Common Mistakes to Avoid on Property Management Questions
- •Believing tenants can never recover repair costs without prior approval.
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A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
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- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
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