What was the outcome of Tenancy Tribunal case 4813637?

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

How much money was awarded in case 4813637?

Mply With Order 1 Above, Then The La…: $300.00 awarded to landlord

What type of tenancy dispute was case 4813637?

The dispute type was not classified.

Where can I read the official tribunal order for case 4813637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10086015-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4813637?

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

How much money was awarded in case 4813637?

Mply With Order 1 Above, Then The La…: $300.00 awarded to landlord

What type of tenancy dispute was case 4813637?

The dispute type was not classified.

Where can I read the official tribunal order for case 4813637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10086015-Tribunal_Order.pdf.

95G Randwick Road, Moera, Lower Hutt 5010 Tenancy Tribunal Case 4813637 — Tenancy dispute

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Order

Claims and awards in Tenancy Tribunal application 4813637. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$300.00		mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

The tenant must carry out the following work to the premises, which must be completed no later than 4pm on Thursday 21 March 2024: a. Remove the obstacles that are blocking the pathway in front of the premises which include a chair; a bicycle; wooden planks; two large metal structures and any other items.

If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $300. These costs may be treated as rent in arrears and enforced accordingly.

This order amends the previous order issued today by changing the compliance date in order 1 to 4pm on Thursday 21 March 2024.

Reasons

The landlord attended the hearing represented by Ms Smith. There was no appearance by the tenant.

The landlord claims that the tenant has blocked the common area pathway in front of her flat with various belongings and obstacles. The obstacles compromise the fire escape pathway, and this has also resulted in Wormalds refusing to issue the annual Building Warrant of Fitness for the building which the premises form part of. The landlord wants the problem fixed.

Under section 40 Residential Tenancies Act 1986 (RTA), 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) 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 a failure to comply with any requirement relating to health or safety under any enactment. See sections 78(2) and 78(2AA)(d) 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. 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.

Has the tenant failed to comply with their obligations?

I am satisfied on the evidence that the tenant has breached section 40(2)(ab) RTA which provides that the tenant shall not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. The tenant has breached this obligation by placing various belongings and obstacles on the common pathway outside her flat. This is also a breach of her obligations under clause 19 of the tenancy agreement which states that tenants must maintain the means of escape from fire at the premises by making sure the escape routes are kept clear—this includes not storing any items in stairwells and passageways.

I make a work order accordingly, requiring the tenant to remove the obstacles no later than 4pm on Thursday 21 March 2024.

Given that the work order relates to means of fire escape, which is a health and safety requirement, an alternative money order under s78(2) cannot be made.

Should the tenant fail to comply with the work order, the landlord may undertake the work and charge the tenant provided that the charge does not exceed $300, which I find would be reasonable for the work. K Stirling, 14 March 2024

Order

Claims and awards in Tenancy Tribunal application 4813637. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$300.00		mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

This order amends the previous order issued today by changing the compliance date in order 1 to 4pm on Thursday 21 March 2024.

Reasons

The landlord attended the hearing represented by Ms Smith. There was no appearance by the tenant.

Under section 40 Residential Tenancies Act 1986 (RTA), 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) RTA.

Has the tenant failed to comply with their obligations?

I make a work order accordingly, requiring the tenant to remove the obstacles no later than 4pm on Thursday 21 March 2024.

Given that the work order relates to means of fire escape, which is a health and safety requirement, an alternative money order under s78(2) cannot be made.

Tenancy Tribunal case 4813637 — Tenancy dispute at 95G Randwick Road, Moera, Lower Hutt 5010

At a glance

Claims & awards

Tenancy Tribunal case 4813637 — Tenancy dispute at 95G Randwick Road, Moera, Lower Hutt 5010

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Frequently asked questions