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Jattan v Kishore [2020] NZDC 17022

Published 23 September 2021

Appeal against Tenancy Tribunal decision — standard of insulation — exemplary damages — right of appeal — Residential Tenancies Act 1986, ss 45, 85, 117 & sch 1A — District Court Rules 2014 , r 18.19 — Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 — Austin Nicholls & Co v Stichting Loadstar [2008] 2 NZLR 141. This was an appeal by the appellant landlords against a decision of the Tenancy Tribunal. In the Tribunal, the tenants had been awarded exemplary damages of $2000 for the landlords' failure to insulate the residential tenancy property, compensation of $1500 for failing to repair the leaking roof and $4350 as a rent rebate for renting out a bedroom which was not legally approved as a bedroom. The Adjudicator had awarded $1330 to the landlords in respect of the tenant's failure to remove rubbish, for repairs to the front door and for one week's rent in lieu of notice. The right of appeal from decisions of the Tenancy Tribunal is found in s 117 of the Residential Tenancies Act ("the Act"), to be read in conjunction with s 85 of the Act which ensures a fair and expeditious resolution of disputes. On a general appeal such as this, an appellate court is to form its own assessment on matters of fact and law. The Judge looked at all of the facts relating to the dispute between the parties and the relevant law, and concluded that the appellants had not demonstrated that the Adjudicator had failed to take account of relevant material or had considered irrelevant material. The appeal was therefore dismissed. Judgment Date: 25 August 2020.

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