What was Tenancy Tribunal case 4881612 about?

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 4881612?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4881612?

The dispute type was not classified.

Where can I read the official tribunal order for case 4881612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10546217-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4881612 about?

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 4881612?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4881612?

The dispute type was not classified.

Where can I read the official tribunal order for case 4881612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10546217-Tenancy_Tribunal_Order.pdf.

6A Arcon Drive, Broomfield, Christchurch 8042 Tenancy Tribunal Case 4881612 — Tenancy dispute

Order

The tenant must carry out the following work to the premises, which must be completed by 22 July 2024: a. Remove all fencing and other materials attached to the existing fencing and all other structures erected by the tenant as temporary fencing.
As an alternative to compliance with Order 1, the tenant must pay the landlord $200.00 immediately after 22 July 2024.
If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $400.00. These costs may be treated as rent in arrears and enforced accordingly.
By way of declaration the Tribunal reminds the tenant that a failure to comply with this order will constitute a breach that might result in the termination of her tenancy upon application by the landlord.

Reasons

Ms Thompson-Wise represented the landlord. I conducted the hearing by phone. My calls to the tenant went to voice mail. I am satisfied that proper notice of the hearing was given to the tenant. The application
The landlord claims that the tenant has erected fencing attached to the existing fencing and has put in place other structures as temporary fencing.
The landlord has issued a breach notice to have the fencing removed but the tenant has refused to remove it.
Ms Thompson-Wise gave evidence that the landlord has tried to negotiate a solution with the tenant for about 7 months, but she will not agree to the removal of the fencing.
Any alterations to the premises (which includes the exterior) require the landlord’s consent.
Here, the landlord has concerns about safety as the structures put in place by the tenant are not safe.
Further, the landlord is concerned about the effect of the structures on the existing fence, which is relatively new, built in 2023. It is not designed to have structures attached to it. The law
Under section 40(1)(a)-(e) 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.
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. Result
Because the tenant has failed to remedy the breach notified by the landlord, the Tribunal has made an order for the tenant to remove the fencing and other structures. As well, the Tribunal has made a monetary order for non-compliance and an order for the landlord to complete the work if the tenant does not do it.

Order

The tenant must carry out the following work to the premises, which must be completed by 22 July 2024: a. Remove all fencing and other materials attached to the existing fencing and all other structures erected by the tenant as temporary fencing.

As an alternative to compliance with Order 1, the tenant must pay the landlord $200.00 immediately after 22 July 2024.

If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $400.00. These costs may be treated as rent in arrears and enforced accordingly.

By way of declaration the Tribunal reminds the tenant that a failure to comply with this order will constitute a breach that might result in the termination of her tenancy upon application by the landlord.

Reasons

Ms Thompson-Wise represented the landlord. I conducted the hearing by phone. My calls to the tenant went to voice mail. I am satisfied that proper notice of the hearing was given to the tenant. The application

The landlord claims that the tenant has erected fencing attached to the existing fencing and has put in place other structures as temporary fencing.

The landlord has issued a breach notice to have the fencing removed but the tenant has refused to remove it.

Ms Thompson-Wise gave evidence that the landlord has tried to negotiate a solution with the tenant for about 7 months, but she will not agree to the removal of the fencing.

Any alterations to the premises (which includes the exterior) require the landlord’s consent.

Here, the landlord has concerns about safety as the structures put in place by the tenant are not safe.

Further, the landlord is concerned about the effect of the structures on the existing fence, which is relatively new, built in 2023. It is not designed to have structures attached to it. The law

Under section 40(1)(a)-(e) 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.

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. Result

Because the tenant has failed to remedy the breach notified by the landlord, the Tribunal has made an order for the tenant to remove the fencing and other structures. As well, the Tribunal has made a monetary order for non-compliance and an order for the landlord to complete the work if the tenant does not do it.

Tenancy Tribunal case 4881612 — Tenancy dispute at 6A Arcon Drive, Broomfield, Christchurch 8042

At a glance

Claims & awards

Tenancy Tribunal case 4881612 — Tenancy dispute at 6A Arcon Drive, Broomfield, Christchurch 8042

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions