What was Tenancy Tribunal case 4774959 about?

The tribunal order states: The Tribunal orders suppression of the Tenant and the Tenant representative’s

How much money was awarded in case 4774959?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4774959?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4774959?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10146224-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4774959 about?

The tribunal order states: The Tribunal orders suppression of the Tenant and the Tenant representative’s

How much money was awarded in case 4774959?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4774959?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4774959?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10146224-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4774959 — Smoke alarms

Order

The Tribunal orders suppression of the Tenant and the Tenant representative’s names and identifying details.
The tenant has approval to be represented at the hearing by her nephew.
By consent, the tenant must have the following work done at the premises, which must be completed by Friday 3 May 2024 a. Remove the blue trailer and the grey Bedford van from the driveway of the premises; b. Complete work required to tidy the caravan parked in the driveway including putting wheels back on the caravan so that the area is reasonably clean and tidy. The parties acknowledge that the caravan will briefly be parked on the front lawn to enable the items in order 3a to be removed, but the caravan will then be parked back in the driveway. c. Ensure the front lawn and driveway area is reasonably clean and tidy.
The parties also agree that the tenant’s representative has permission to place a Canter camper in the driveway, so that he can complete work to the under- carriage, provided it looks reasonably clean and tidy.
The parties acknowledge and agree that in the course of removing the above items, they may be parked temporarily on the public road outside the premises. As the public road is not part of the premises, the landlord does not have any authority to either consent or withhold consent to vehicles parked on the road.
Leave is granted for either party to request that the matter be recalled for a further hearing before me should there be a failure to comply with the orders or should there be any dispute as to whether the front lawn and driveway areas at the premises are reasonably clean and tidy.

Reasons

Both parties attended the hearing with Ms Stephanie Smith representing the landlord. The tenant and her representative were also both present.
The landlord claims that the tenant is not keeping the premises reasonably clean and tidy with several non-working vehicles and other items parked in the driveway. The landlord wants the problem fixed. The tenant disputes the landlord’s claim and says the landlord has reneged on some agreements reached with the landlord’s representatives to resolve the matter.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986 (RTA), a tenant has specific obligations in relation to the tenancy premises which include keeping the premises reasonably clean and tidy.
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) RTA.
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) RTA.
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) RTA.
The parties have discussed matters at the hearing and consented to the above work orders to resolve the issues. Because the orders are made by consent, I have not made any alternative money orders or orders allowing the landlord to undertake the work. However, leave is granted to either party to request the matter be recalled and heard by me should the tenant fail to comply with the orders or should there be a dispute about whether the front lawn and driveway areas at the premises are reasonably clean and tidy.
It is appropriate to suppress the names and identifying details of the tenant and the tenant representative given that the matter has been resolved by consent.

Tenancy Tribunal case 4774959 — Smoke alarms

At a glance

Tenancy Tribunal case 4774959 — Smoke alarms

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions