What was the outcome of Tenancy Tribunal case 4882312?

The tribunal order states: By way of declaration: Jonothon Laird must allow Kāinga Ora access to the

How much money was awarded in case 4882312?

Mply With Either Order 2 Or 3 Above,…: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4882312?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4882312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10365315-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4882312?

The tribunal order states: By way of declaration: Jonothon Laird must allow Kāinga Ora access to the

How much money was awarded in case 4882312?

Mply With Either Order 2 Or 3 Above,…: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4882312?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4882312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10365315-Tenancy_Tribunal_Order.pdf.

24 Levant Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4882312 — Healthy homes

Order

Claims and awards in Tenancy Tribunal application 4882312. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with either Order 2 or 3 above, then Kāinga Ora may undertake the work and charge Mr Laird the costs of this work u	$1,200.00		mply with either Order 2 or 3 above, then Kāinga Ora may undertake the work and charge Mr Laird the costs of this work u

By way of declaration: Jonothon Laird must allow Kāinga Ora access to the property at 9am on Wednesday 29 May 2024 for the purposes of conducting an inspection.

Jonothon Laird must mow the lawns on the premise by Friday 7 June 2024.

If Mr Laird fails to comply with Order 2, Mr Laird must pay Kāinga Ora $1,000 immediately.

If Mr Laird fails to comply with either Order 2 or 3 above, then Kāinga Ora may undertake the work and charge Mr Laird 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 represented by Ms Smith. There was no appearance for Mr Laird. He has been sent the notice of hearing; therefore the hearing went ahead in his absence.

Kāinga Ora seeks an access order to inspect the property, including to assess the home’s compliance with the Healthy Homes Standards, and a work order to require Mr Laird to mow the lawns.

Is the tenant required to grant their landlord access to the home?

Section 48(2) of the Residential Tenancies Act 1986 (the Act) provides that the landlord may enter the premises for the purpose of carrying out necessary repairs or necessary maintenance or for inspecting the premises, after giving the tenant the required notice (at least 24 hours’ notice for repairs or 48 hours for inspections) or with the tenant’s consent given immediately before the time of entry. If the appropriate notice is given, the tenant’s consent to the access is not required.

The landlord has attempted to access the home on three occasions in the last year for an inspection and to ensure their compliance with the Healthy Homes standards. All Kāinga Ora (formerly Housing New Zealand) houses must comply with the Healthy Homes Standards by 1 July 2024 and the landlord has not been able to check the home to ensure their compliance due to Mr Laird’s refusal to allow them to enter.

This is a breach of obligations in section 48(2) of the Act. Failure by a tenant, without reasonable excuse, to allow the landlord access as permitted by section 48(2) is an unlawful act for which exemplary damages up to a maximum of $1,500.00 maybe payable. It is also a breach that, in certain circumstances, may entitle the landlord to an order terminating the tenancy.

As such, Mr Laird must allow the landlord access to inspect the property. I make the access order as sought by the landlord. This order shall constitute the landlord’s notice as required by section 48(2)(b) of the Act.

Is the tenant required to mow the lawns?

Section 40(1)(c) of the Act requires tenants to keep their property tidy, this generally includes the gardens. Clause 9 of the parties’ tenancy agreement specifically requires Mr Laird to keep the grounds tidy.

The landlord has established in evidence that the lawns are so high they are a fire risk. They have served a 14-day notice to remedy the issue on Mr Laird on 26 March 2024, with which he has failed to comply.

I find that Mr Laird has failed to comply with his obligations and as such pursuant to section 78(1)(e) of the Act, I make a work order.

As 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) the Act. Accordingly, I do so.

Pursuant to sections 78(2AAB) and 78(2AAC)(a) of the Act, I 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.

Therefore, if Mr Laird does not mow the lawns within the time frame specified, Kainga Ora may do so and charge him the cost up to a maximum of $1,200.

Claims and awards in Tenancy Tribunal application 4882312. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with either Order 2 or 3 above, then Kāinga Ora may undertake the work and charge Mr Laird the costs of this work u	$1,200.00		mply with either Order 2 or 3 above, then Kāinga Ora may undertake the work and charge Mr Laird the costs of this work u

Order

By way of declaration: Jonothon Laird must allow Kāinga Ora access to the property at 9am on Wednesday 29 May 2024 for the purposes of conducting an inspection.
Jonothon Laird must mow the lawns on the premise by Friday 7 June 2024.
If Mr Laird fails to comply with Order 2, Mr Laird must pay Kāinga Ora $1,000 immediately.
If Mr Laird fails to comply with either Order 2 or 3 above, then Kāinga Ora may undertake the work and charge Mr Laird 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 represented by Ms Smith. There was no appearance for Mr Laird. He has been sent the notice of hearing; therefore the hearing went ahead in his absence.
Kāinga Ora seeks an access order to inspect the property, including to assess the home’s compliance with the Healthy Homes Standards, and a work order to require Mr Laird to mow the lawns.

Is the tenant required to grant their landlord access to the home?

Section 48(2) of the Residential Tenancies Act 1986 (the Act) provides that the landlord may enter the premises for the purpose of carrying out necessary repairs or necessary maintenance or for inspecting the premises, after giving the tenant the required notice (at least 24 hours’ notice for repairs or 48 hours for inspections) or with the tenant’s consent given immediately before the time of entry. If the appropriate notice is given, the tenant’s consent to the access is not required.
The landlord has attempted to access the home on three occasions in the last year for an inspection and to ensure their compliance with the Healthy Homes standards. All Kāinga Ora (formerly Housing New Zealand) houses must comply with the Healthy Homes Standards by 1 July 2024 and the landlord has not been able to check the home to ensure their compliance due to Mr Laird’s refusal to allow them to enter.
This is a breach of obligations in section 48(2) of the Act. Failure by a tenant, without reasonable excuse, to allow the landlord access as permitted by section 48(2) is an unlawful act for which exemplary damages up to a maximum of $1,500.00 maybe payable. It is also a breach that, in certain circumstances, may entitle the landlord to an order terminating the tenancy.
As such, Mr Laird must allow the landlord access to inspect the property. I make the access order as sought by the landlord. This order shall constitute the landlord’s notice as required by section 48(2)(b) of the Act.

Is the tenant required to mow the lawns?

Section 40(1)(c) of the Act requires tenants to keep their property tidy, this generally includes the gardens. Clause 9 of the parties’ tenancy agreement specifically requires Mr Laird to keep the grounds tidy.
The landlord has established in evidence that the lawns are so high they are a fire risk. They have served a 14-day notice to remedy the issue on Mr Laird on 26 March 2024, with which he has failed to comply.
I find that Mr Laird has failed to comply with his obligations and as such pursuant to section 78(1)(e) of the Act, I make a work order.
As 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) the Act. Accordingly, I do so.
Pursuant to sections 78(2AAB) and 78(2AAC)(a) of the Act, I 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.
Therefore, if Mr Laird does not mow the lawns within the time frame specified, Kainga Ora may do so and charge him the cost up to a maximum of $1,200.

Tenancy Tribunal case 4882312 — Healthy homes at 24 Levant Street, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 4882312 — Healthy homes at 24 Levant Street, Cannons Creek, Porirua 5024

At a glance

Claims & awards

Order

Reasons

Is the tenant required to grant their landlord access to the home?

Is the tenant required to mow the lawns?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant required to grant their landlord access to the home?

Is the tenant required to mow the lawns?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions