What was the outcome of Tenancy Tribunal case 4738089?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

How much money was awarded in case 4738089?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4738089?

The primary dispute was State of repair. Related themes: Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 4738089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9860403-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4738089?

The tribunal order states: The landlord must carry out the following work to the premises, which must be

How much money was awarded in case 4738089?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4738089?

The primary dispute was State of repair. Related themes: Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 4738089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9860403-Tenancy_Tribunal_Order.pdf.

22 Shorwell Street, Sandringham, Auckland 1025 Tenancy Tribunal Case 4738089 — State of repair

Order

The landlord must carry out the following work to the premises, which must be completed by 24 March 2024: -Installing a 1.8-metre-high fence to replace the rock wall that was removed in December 2023.
As an alternative to compliance with Order 1 , the landlord must pay the tenant the sum required to complete the work. If the landlord does not want to undertake the work, then the tenant is permitted to obtain 3 quotes for the work to be done. The quotes are to be submitted to the landlord and the lowest quote shall be accepted to complete the work.
If the landlord fails to comply with either Order 1 or 2 above, then the tenant may undertake the work and charge the landlord for the costs of this work. These costs may be set off against rent payable.

Reasons

Both parties attended the hearing.
The tenant claims that the landlord has refused to replace a fence. The tenant wants the problem fixed.
This is a long-term tenancy which commenced on 12 August 2009. Part of the property was a rock wall between the tenant’s property and a school. The property was fully fenced and contained.
The rock wall was approximately 80 years old and had begun to disintegrate. This posed a safety issue for the tenant and her two dogs. The tenant asked the landlord to remove the crumbling rock wall and replace it with a new fence.
The tenant advised that she had discussions and meetings with her case worker, Jordon, who agreed that the rock wall must be removed, and a new 1.8- metre-high fence put up in its place. The tenant told the Tribunal about a meeting with Jordon and the manager of property maintenance for the landlord.
During this meeting, the managers for the landlord confirmed to the tenant that they would replace the rock wall with a 1.8-metre-high fence.
The rock wall was removed. The tenant rang the landlord and asked when the
8-metre-high fence was being erected as she had two dogs that were now able to get out of her property.
At this time, after the wall had been removed, she was advised that they were no longer willing to replace the fence.
It was not disputed that the tenant had not been told prior to the rock wall being removed, that the fence would not be replaced.
The landlord said in the hearing that it was not a policy of Kainga Ora- Homes and Community to provide fencing for dog control. They would not be doing the fencing.
Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds the landlord has failed to comply with any of these obligations, 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, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord 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 set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

Premises includes any part of any premises and any land and appurtenance, other than facilities, (See s2 RTA) . An appurtenant means attached or annexed to land and enhancing the land or its use. Examples of appurtenances include swimming pools, fences, or sheds that are fixed to the land.
On the land the landlord had erected a rock wall and wooden fencing . The property was fully fenced and secure. The fence and wall were part of the premises and therefore the tenancy agreement.
The tenant advised the landlord that the rock wall was in need of repair or removal as it posed a significant health and safety issues in the property with rocks falling onto the ground.
The landlord must comply with the requirements to maintain the premises in a reasonable state of repair which includes the fence as part of the premises.
Once the rock wall had been removed the landlord should have erected a replacement fence, to ensure the premises complied with the tenancy agreement.
Furthermore, the tenant was clearly led to believe that the fence would be erected after the removal of the rocks. At no time was it communicated to the tenant that the landlord had changed their minds and would not be replacing the wall.
I am satisfied that the tenant has proven her claim and that the landlord must replace the portion of the rock wall with a 1.8 metre wooden fence.
The landlord is to erect the fence by 24 March 2024, or the tenancy may take steps as set out above in the Order.
The tenant has not sought suppression of her name and details nor reimbursement of the filing fee.

Order

The landlord must carry out the following work to the premises, which must be completed by 24 March 2024: -Installing a 1.8-metre-high fence to replace the rock wall that was removed in December 2023.
As an alternative to compliance with Order 1 , the landlord must pay the tenant the sum required to complete the work. If the landlord does not want to undertake the work, then the tenant is permitted to obtain 3 quotes for the work to be done. The quotes are to be submitted to the landlord and the lowest quote shall be accepted to complete the work.
If the landlord fails to comply with either Order 1 or 2 above, then the tenant may undertake the work and charge the landlord for the costs of this work. These costs may be set off against rent payable.

Reasons

Both parties attended the hearing.
The tenant claims that the landlord has refused to replace a fence. The tenant wants the problem fixed.
This is a long-term tenancy which commenced on 12 August 2009. Part of the property was a rock wall between the tenant’s property and a school. The property was fully fenced and contained.
The rock wall was approximately 80 years old and had begun to disintegrate. This posed a safety issue for the tenant and her two dogs. The tenant asked the landlord to remove the crumbling rock wall and replace it with a new fence.
The tenant advised that she had discussions and meetings with her case worker, Jordon, who agreed that the rock wall must be removed, and a new 1.8- metre-high fence put up in its place. The tenant told the Tribunal about a meeting with Jordon and the manager of property maintenance for the landlord.
During this meeting, the managers for the landlord confirmed to the tenant that they would replace the rock wall with a 1.8-metre-high fence.
The rock wall was removed. The tenant rang the landlord and asked when the
8-metre-high fence was being erected as she had two dogs that were now able to get out of her property.
At this time, after the wall had been removed, she was advised that they were no longer willing to replace the fence.
It was not disputed that the tenant had not been told prior to the rock wall being removed, that the fence would not be replaced.
The landlord said in the hearing that it was not a policy of Kainga Ora- Homes and Community to provide fencing for dog control. They would not be doing the fencing.
Under section 45(1)(a) - (ca) Residential Tenancies Act 1986, the landlord has an obligation to provide and maintain certain standards and to comply with applicable requirements.
Where the Tribunal finds the landlord has failed to comply with any of these obligations, 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, insulation, a failure to comply with a standard of fitness under section 120C Health Act 1956, or a failure to comply with any health or safety legislative requirement. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the tenant to undertake the work and charge the landlord the costs of doing the work, if the landlord 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 set off by the tenant against rent payable. See sections 78(2AAB) and 78(2AAC)(b) Residential Tenancies Act 1986.

Has the landlord failed to comply with their obligations?

Premises includes any part of any premises and any land and appurtenance, other than facilities, (See s2 RTA) . An appurtenant means attached or annexed to land and enhancing the land or its use. Examples of appurtenances include swimming pools, fences, or sheds that are fixed to the land.
On the land the landlord had erected a rock wall and wooden fencing . The property was fully fenced and secure. The fence and wall were part of the premises and therefore the tenancy agreement.
The tenant advised the landlord that the rock wall was in need of repair or removal as it posed a significant health and safety issues in the property with rocks falling onto the ground.
The landlord must comply with the requirements to maintain the premises in a reasonable state of repair which includes the fence as part of the premises.
Once the rock wall had been removed the landlord should have erected a replacement fence, to ensure the premises complied with the tenancy agreement.
Furthermore, the tenant was clearly led to believe that the fence would be erected after the removal of the rocks. At no time was it communicated to the tenant that the landlord had changed their minds and would not be replacing the wall.
I am satisfied that the tenant has proven her claim and that the landlord must replace the portion of the rock wall with a 1.8 metre wooden fence.
The landlord is to erect the fence by 24 March 2024, or the tenancy may take steps as set out above in the Order.
The tenant has not sought suppression of her name and details nor reimbursement of the filing fee.

Tenancy Tribunal case 4738089 — State of repair at 22 Shorwell Street, Sandringham, Auckland 1025

At a glance

Tenancy Tribunal case 4738089 — State of repair at 22 Shorwell Street, Sandringham, Auckland 1025

At a glance

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has the landlord failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions