How much money was awarded in case 4667130?

Undertake The Work And Charge The Te…: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4667130?

The dispute type was not classified.

Where can I read the official tribunal order for case 4667130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9423417-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4667130?

Undertake The Work And Charge The Te…: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4667130?

The dispute type was not classified.

Where can I read the official tribunal order for case 4667130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9423417-Tenancy_Tribunal_Order.pdf.

48 Northcote Road, Northcote, Christchurch 8052 Tenancy Tribunal Case 4667130 — Tenancy dispute

Q: What was Tenancy Tribunal case 4667130 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4667130. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
undertake the work and charge the tenant the costs of the work up to	$1,500.00		undertake the work and charge the tenant the costs of the work up to

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.

The tenant must carry out the following work to the premises, which must be completed by Sunday 1 October 2023: a. Move the fencing that lies beyond the southern boundary at the front of the property to its original position on the southern boundary of the property. b. Remove the chain and padlock from the gate that has been installed at the front of the property.

If the tenant fails to comply with Order 2 above, then the landlord may undertake the work and charge the tenant the costs of the work up to $1,500. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord’s representative attended the hearing by telephone. The tenant did not attend.

The tenant has moved the fence that was on the southern (front) boundary of the property several meters beyond the boundary towards the road. It now sits on and encloses land belonging to Christchurch City Council. The tenant has put a bus on the Council’s land behind the fence.

The tenant has also installed a gate at the front of the property and has secured the gate with a chain and padlock.

Under sections 40 and 46 of the Residential Tenancies Act 1986 (the Act), tenants have certain obligations in relation to the tenancy premises. They include not to make any alteration or addition to the premises without the prior written consent of the landlord and not to add any lock to the premises without the landlord’s consent.

The landlord has not given consent for the fence to be moved or to the additional lock. The landlord has asked the tenant to move the fence and to remove the lock, but he not done so.

Both the landlord and the Council want the fence moved back to its original position.

The landlord is happy for the gate to remain where it is (as part of the fence line on the boundary of the property) but wants the chain and lock removed so that they and emergency services can access the property when necessary (such as for inspections and in the case of an emergency).

Where the Tribunal finds that the tenant has failed to comply with any of their obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) of the Act.

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 fails to comply with the work 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) of the Act.

It is plainly appropriate to make the order above. The tenant’s actions are unlawful both as regards the tenancy and as regards the Council’s property rights.

I have allowed the tenant enough time to comply with this order but if he does do so, I have permitted the landlord to carry out the necessary work and to charge the tenant the cost of doing so up to $1,500 which a reasonable limit on the costs for both parties.

Claims and awards in Tenancy Tribunal application 4667130. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
undertake the work and charge the tenant the costs of the work up to	$1,500.00		undertake the work and charge the tenant the costs of the work up to

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
The tenant must carry out the following work to the premises, which must be completed by Sunday 1 October 2023: a. Move the fencing that lies beyond the southern boundary at the front of the property to its original position on the southern boundary of the property. b. Remove the chain and padlock from the gate that has been installed at the front of the property.
If the tenant fails to comply with Order 2 above, then the landlord may undertake the work and charge the tenant the costs of the work up to $1,500. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord’s representative attended the hearing by telephone. The tenant did not attend.
The tenant has moved the fence that was on the southern (front) boundary of the property several meters beyond the boundary towards the road. It now sits on and encloses land belonging to Christchurch City Council. The tenant has put a bus on the Council’s land behind the fence.
The tenant has also installed a gate at the front of the property and has secured the gate with a chain and padlock.
Under sections 40 and 46 of the Residential Tenancies Act 1986 (the Act), tenants have certain obligations in relation to the tenancy premises. They include not to make any alteration or addition to the premises without the prior written consent of the landlord and not to add any lock to the premises without the landlord’s consent.
The landlord has not given consent for the fence to be moved or to the additional lock. The landlord has asked the tenant to move the fence and to remove the lock, but he not done so.
Both the landlord and the Council want the fence moved back to its original position.
The landlord is happy for the gate to remain where it is (as part of the fence line on the boundary of the property) but wants the chain and lock removed so that they and emergency services can access the property when necessary (such as for inspections and in the case of an emergency).
Where the Tribunal finds that the tenant has failed to comply with any of their obligations, it may make an order for the landlord to carry out the work. See section 78(1)(e) of the Act.
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 fails to comply with the work 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) of the Act.
It is plainly appropriate to make the order above. The tenant’s actions are unlawful both as regards the tenancy and as regards the Council’s property rights.
I have allowed the tenant enough time to comply with this order but if he does do so, I have permitted the landlord to carry out the necessary work and to charge the tenant the cost of doing so up to $1,500 which a reasonable limit on the costs for both parties.

Tenancy Tribunal case 4667130 — Tenancy dispute at 48 Northcote Road, Northcote, Christchurch 8052

At a glance

Claims & awards

Tenancy Tribunal case 4667130 — Tenancy dispute at 48 Northcote Road, Northcote, Christchurch 8052

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions