Published tribunal order
Tenancy Tribunal case 4572212 — Smoke alarms at 8A Moody Avenue, Whau Valley, Whangarei 0112
Decided 13 Aug 2023 · Published 13 Aug 2023 · Application 4572212
Mixed / unclear
- Smoke alarms
- Healthy homes
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- The tenant must carry out the following work to the premises, which must be completed by Friday 25 August 2023: a. Mow the berm, and b. Mow the front lawn, and c. Mow any other grass areas on the property that are within three metres of the house.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $250.00 immediately.
- If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $250.00. These costs may be treated as rent in arrears and enforced accordingly.
- The tenant must allow the landlord or tradespeople instructed by the landlord, access to the premises on 25 August 2023 between the hours of 10.00 am and
- 00 pm for the purposes of: a. Replacing smoke alarms, and b. Installing a heat pump, and c. Assessing the sufficiency of the insulation.
Reasons
- The landlord attended the hearing, the tenant did not.
- Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
- Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
- If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
- A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.
Has the tenant failed to comply with their obligations?
- The landlord claims that the tenant has not been complying with the Residential Tenancies Act 1986 section 40(c) in that the tenant has not kept the property reasonably clean and tidy by not mowing the lawns. The landlord wants the problem fixed. Access to the property.
- The landlord is required to comply with legislation and regulations regarding smoke alarms, insulation and heating.
- The tenant has been refusing to grant the landlord access to the property to inspect the property to ensure that the landlord is compliant with their responsibilities.