How much money was awarded in case 4828279?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4828279?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4828279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10320721-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4828279?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4828279?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4828279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10320721-Tenancy_Tribunal_Order.pdf.

41 Cheshire Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4828279 — Rent arrears

Q: What was Tenancy Tribunal case 4828279 about?

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

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Order

[The tenant/s] must carry out the following work to the premises, which must be completed by Sunday 26 May 2024: a. Mow the lawns to a reasonable level and dispose of the green waste.

As an alternative to compliance with Order 1, [The tenant/s] must pay the landlord $1,200 immediately.

If [The tenant/s] fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up to $1,200. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing. As Mr Turua had been served with the notice of hearing but failed to attend, it occurred in his absence.

Under section 40(1)(c) of the Residential Tenancies Act 1986, (RTA) a tenant has specific obligations to keep the property reasonably tidy. The landlord has established in evidence that Mr Turua has not been mowing his lawns for a lengthy period. They have now got to the extent that they are a hazard.

The landlord has served a notice to remedy on Mr Turua (3 March) and he has not remedied it. They have had a number of meetings with him and made many attempts to assist him to undertake the work, however agreement has not been reached.

Where the Tribunal finds that a tenant has failed to comply with their obligations pursuant to the RTA, where appropriate it may make an order for the tenant to carry out the work. See section 78(1)(e) RTA. I am satisfied that Mr Turua has breached section 40(1)(c) of the RTA in failing to keep the gardens tidy. Accordingly, I make a work order directing him to do so by 26 May 2024.

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. See sections 78(2) and 78(2AA) RTA 1986. Mr Turua does not appear to consent to the order given his absence at the hearing, accordingly, if he prefers he can immediately pay the landlord $1,2000 to remedy his breach.

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.

Therefore, if Mr Turua does not comply with the work order, or pay the alternate amount, the landlord may undertake the garden work, and the costs of doing so, to the maximum of $1,200, may be charged back to Mr Turua in the form of rent arrears.

Order

[The tenant/s] must carry out the following work to the premises, which must be completed by Sunday 26 May 2024: a. Mow the lawns to a reasonable level and dispose of the green waste.

As an alternative to compliance with Order 1, [The tenant/s] must pay the landlord $1,200 immediately.

Reasons

The landlord attended the hearing. As Mr Turua had been served with the notice of hearing but failed to attend, it occurred in his absence.

Tenancy Tribunal case 4828279 — Rent arrears at 41 Cheshire Street, Cannons Creek, Porirua 5024

At a glance

Claims & awards

Tenancy Tribunal case 4828279 — Rent arrears at 41 Cheshire Street, Cannons Creek, Porirua 5024

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions