What was Tenancy Tribunal case 4872300 about?

The tribunal order states: Now Realty Limited T/As Ray White Raimondo Venezia must pay [The tenant/s]

How much money was awarded in case 4872300?

Compensation: Garden Fee: $247.25 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4872300?

The dispute type was not classified.

Where can I read the official tribunal order for case 4872300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10423475-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4872300 about?

The tribunal order states: Now Realty Limited T/As Ray White Raimondo Venezia must pay [The tenant/s]

How much money was awarded in case 4872300?

Compensation: Garden Fee: $247.25 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4872300?

The dispute type was not classified.

Where can I read the official tribunal order for case 4872300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10423475-Tribunal_Order_Redacted.pdf.

776B Remuera Road, Remuera, Auckland 1050 Tenancy Tribunal Case 4872300 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4872300 — net $267.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Garden fee	$247.25	Garden fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$267.69
Total payable by Landlord to Tenant	$267.69

Order

Now Realty Limited T/As Ray White Raimondo Venezia must pay [The tenant/s] $267.69 immediately as set out in the table below.
All remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant applied for compensation in relation to costs for gardening work and for an order preventing the landlord from taking photographs of the premises during inspections.
There is a general clause in the tenancy agreement 1 relating to the tenant’s responsibility for lawns and gardens. The tenant is to keep the lawns and 1 Clause 19, page 3 gardens in a reasonably clean condition free from rubbish and papers, is not to damage or remove any tree, shrub or bush and is to keep the lawns and gardens weeded and in a generally tidy condition. The tenant shall be responsible for removing garden waste.
The question is whether the tenant or landlord is responsible for maintaining the groomed hedges.
The tenant produced a photograph of a hedge along the side of the property which shows an invasive climber intertwined in the hedge. The climber has grown over some of the pathway. The tenant said that she tried to carry out work in this area but nearly fell and did not have the proper equipment. The tenant pointed out that there are two hedges in parallel and they are on the boundary of the section which then falls away significantly to the neighbour’s property.
The landlord said that they follow an industry standard where tenants are responsible for garden work that is below shoulder height and the landlord is responsible for above shoulder height work. While this may be helpful as a guide there is nothing in the Act which confirms this distinction.
The tenant says that she originally raised the gardening issue with the Property Manager in October 2023. The Property Manager obtained a quote for the work in March 2024.
After considering the evidence I have reached the conclusion that the work required to maintain these hedges is beyond general maintenance of the lawn and garden because special skill and equipment is required. The owner has agreed to carry out some garden maintenance and this was to commence in May 2024.
Due to the landlord’s delay following the tenant raising this issue, the tenant employed a company to carry out garden maintenance. She seeks reimbursement for some of the cost in doing so.
Section 45(1)(d) Residential Tenancies Act 1986 provides that the landlord shall compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious or urgent.
The overgrown vine growing through the hedge could have caused injury to anyone using the path along the side of the house. I therefore consider that the tenant should be reimbursed for the amount she seeks which is a reasonable expense.
The tenant also applied in relation to the landlord taking photographs of the premises during inspections. The tenant was concerned that this was an invasion of her privacy because included in the photographs where her personal belongings. The tenant had obtained a copy of her file from the Property Management company and says that there were 71 photographs on file over the year of the tenancy.
The landlord said that photographs were always taken during routine inspections. The reasons for taking photographs included to record any maintenance issues and if the insurance company required any evidence should there be a claim. Photographs are also often provided if there is a claim in the Tenancy Tribunal.
The landlord produced the three reports from the inspections that have been carried out to date. At the back of each report there are a handful of photographs. Those reports remain on file and a copy is provided to the owner.
I do not consider that the photographs in the reports contain information that is invasive of the tenant’s privacy, however she may wish to enquire with the Office of the Privacy Commissioner which is the correct agency to answer such queries.
There is no order made in relation to the Property Manager taking photographs because it appears that these photographs are being taken to enable the Property Manager to carry out its role.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4872300 — net $267.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Garden fee	$247.25	Garden fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$267.69
Total payable by Landlord to Tenant	$267.69

Order

Now Realty Limited T/As Ray White Raimondo Venezia must pay [The tenant/s] $267.69 immediately as set out in the table below.
All remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant applied for compensation in relation to costs for gardening work and for an order preventing the landlord from taking photographs of the premises during inspections.
There is a general clause in the tenancy agreement 1 relating to the tenant’s responsibility for lawns and gardens. The tenant is to keep the lawns and 1 Clause 19, page 3 gardens in a reasonably clean condition free from rubbish and papers, is not to damage or remove any tree, shrub or bush and is to keep the lawns and gardens weeded and in a generally tidy condition. The tenant shall be responsible for removing garden waste.
The question is whether the tenant or landlord is responsible for maintaining the groomed hedges.
The tenant produced a photograph of a hedge along the side of the property which shows an invasive climber intertwined in the hedge. The climber has grown over some of the pathway. The tenant said that she tried to carry out work in this area but nearly fell and did not have the proper equipment. The tenant pointed out that there are two hedges in parallel and they are on the boundary of the section which then falls away significantly to the neighbour’s property.
The landlord said that they follow an industry standard where tenants are responsible for garden work that is below shoulder height and the landlord is responsible for above shoulder height work. While this may be helpful as a guide there is nothing in the Act which confirms this distinction.
The tenant says that she originally raised the gardening issue with the Property Manager in October 2023. The Property Manager obtained a quote for the work in March 2024.
After considering the evidence I have reached the conclusion that the work required to maintain these hedges is beyond general maintenance of the lawn and garden because special skill and equipment is required. The owner has agreed to carry out some garden maintenance and this was to commence in May 2024.
Due to the landlord’s delay following the tenant raising this issue, the tenant employed a company to carry out garden maintenance. She seeks reimbursement for some of the cost in doing so.
Section 45(1)(d) Residential Tenancies Act 1986 provides that the landlord shall compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious or urgent.
The overgrown vine growing through the hedge could have caused injury to anyone using the path along the side of the house. I therefore consider that the tenant should be reimbursed for the amount she seeks which is a reasonable expense.
The tenant also applied in relation to the landlord taking photographs of the premises during inspections. The tenant was concerned that this was an invasion of her privacy because included in the photographs where her personal belongings. The tenant had obtained a copy of her file from the Property Management company and says that there were 71 photographs on file over the year of the tenancy.
The landlord said that photographs were always taken during routine inspections. The reasons for taking photographs included to record any maintenance issues and if the insurance company required any evidence should there be a claim. Photographs are also often provided if there is a claim in the Tenancy Tribunal.
The landlord produced the three reports from the inspections that have been carried out to date. At the back of each report there are a handful of photographs. Those reports remain on file and a copy is provided to the owner.
I do not consider that the photographs in the reports contain information that is invasive of the tenant’s privacy, however she may wish to enquire with the Office of the Privacy Commissioner which is the correct agency to answer such queries.
There is no order made in relation to the Property Manager taking photographs because it appears that these photographs are being taken to enable the Property Manager to carry out its role.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4872300 — Tenancy dispute at 776B Remuera Road, Remuera, Auckland 1050

At a glance

Award balance

Tenancy Tribunal case 4872300 — Tenancy dispute at 776B Remuera Road, Remuera, Auckland 1050

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions