Published tribunal order
Tenancy Tribunal case 4942374 — Smoke alarms at 14 Nandana Drive, Glen Eden, Auckland 0602
Decided 16 Aug 2024 · Published 16 Aug 2024 · Application 4942374
Mixed / unclear
- Smoke alarms
Order
- The tenant must carry out the following work to the premises, which must be completed by 20 September 2024:
- To remove the illegal structures, which are the large deck and a large extension to an outbuilding.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $10,000.00 the cost of removing the deck and outbuildings.
- If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $20,000.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The landlord attended the hearing, the tenant did not attend. After the hearing, the tenant communicated with tenancy services to say she had not been called. I called both mobile numbers in the application, but they went unanswered. The tenant confirmed those number with Tenancy Services when complaining that she had not been rung.
- The Tribunal rang two mobile numbers for the tenant, but they went unanswered. The Tribunal has sent a notice of hearing to the tenant. Therefore, I am proceeding with the hearing in the tenant’s absence.
- The landlord claims that the tenant has built a large deck and outdoor structure. The tenant has been asked to either remove the structures or obtain council consent for the deck and structure to remain. The tenant has not done either. The landlord wants the problem fixed.
- Under section 40(1)(a)-(e), Residential Tenancies Act 1986, 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) Residential Tenancies Act 1986.
- 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 smoke alarms. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
- 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) Residential Tenancies Act 1986.
Has the tenant failed to comply with their obligations?
- I am satisfied that the tenant had breaches her obligations by building a deck and structure without the knowledge and consent of the landlord. The structure appears to be unsafe, with electrical wiring spanning the area. The landlord’s concern is about the health and safety of the tenants and the property.
- Despite discussions between the landlord and tenant to resolve this by dismantling the structures, or obtaining electrical certificates and building consent, the tenants have done neither.
- The landlord seeks a work order, and I am satisfied that they should have the work order to ensure the deck and unauthorised structures are removed from the property by 5.00pm on Friday 20 th September 2024.