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Question Details: My landlord is overseas on an extended holiday. My window has broken due to high winds, but when I contacted my landlord he told me he wouldn’t be able to have the window repaired until he returns! Is there any way of forcing him to have my window repaired while he is away? If I organise the repair can I legally bill him for it?
Filed under Tenancy | 1272 View(s)
Community Law Wellington & Hutt Valley
Yes, you will be able to get the window fixed yourself, and require the landlord to compensate you for the expense. This is because your landlord is required to maintain your house in a state of reasonable repair (having regard to the age and character of the house).
As a tenant you are required to give the landlord notice of the problem (or make a reasonable effort to do so). But if the problem isn't fixed, then you are able to get the problem fixed yourself and ask the landlord for compensation for any expenses you have incurred. There are three extra requirements here:
1. The problem must be "serious and urgent" or pose a threat to health and/or safety.
2. The problem can't have been caused by you or anyone else you've allowed onto your property (unless it is "ordinary wear and tear").
3. The expenses must be reasonable - for example, you can't use the breakage as an excuse to have a whole new type of window installed - but replacing a window pane could definitely be considered a reasonable expense.
For the sake of your relationship with your landlord, it would be best to contact him or her again and explain what you intend to do before you bring in a glazier and send the bill to the landlord.
Also, you should note that if the landlord is out of New Zealand for more than 21 consecutive days, they are required to appoint an agent and notify you of that person's name and address. That person is then the person you deal with while the landlord is unavailable - and that person has all the same rights and responsibilities as the landlord, such as maintaining your flat in reasonable repair. You might want to remind the landlord of this obligation if he or she has not appointed an agent.
Answered 19 Dec 2012. The IMPORTANT NOTICE below is part of this answer.
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