Published tribunal order
Tenancy Tribunal case 4957393 — 14-day notice at 5 Seaview Road, Glenfield, Auckland 0629
Decided 3 Sept 2024 · Published 3 Sept 2024 · Application 4957393
Mixed / unclear
- 14-day notice
Order
- The tenant must remove all unregistered vehicles as well as any unwanted items and rubbish from the premises. The boat must be moved from the berm on the premises.
- The items to be removed include (but are not limited to): • a blue-green 4 door sedan at the rear of the property • a white landcruiser type vehicle at the side of the property • car parts, outdoor cane settee, washing machine, tyres, gas bottles and assorted rubbish around the outside of the property
- The work specified in Orders 1 and 2 must be completed by Monday 30 September 2024.
- If the tenant fails to complete the work by 30 September 2024 then the landlord may arrange for the work to be done and may charge the tenant the cost of this work up to $5,000.00. Those costs may be treated as rent in arrears and recovered accordingly. Recovery of any costs greater than $5,000.00 should be sought through an appropriate application to the Tribunal with supporting evidence.
Reasons
- The landlord attended the hearing which was held by teleconference.
- Two calls were made to the telephone number specified for the tenant in the Notice of Hearing, which was dule served on her but neither call was answered.
- The landlord claims that the tenant has breached her obligation under section 41(c), to keep the premises reasonably clean and tidy.
- 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.
- 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?
- A property inspection held in April 2024 found the tenant had allowed the accumulation of car wrecks and rubbish on the property. A meeting was scheduled with the tenant to discuss how to address the situation, but the tenant did not attend.
- A follow up meeting was held on 16 May 2024 in which the tenant was made aware of the landlord’s concerns and also of the concerns expressed by neighbouring residents.
- On 20 May 2024 the landlord issued a 14 day notice requiring that the car wrecks and rubbish should be removed from the property by 6 June 2024.
- Photographs taken by the landlord after that date show that the 14 day notice has not been complied with.
- I find it proved that the tenant has breached her obligation to keep the premises reasonably clean and tidy and has not complied with a property 14 day notice to remedy.
- The work needs to be done. The tenant should have the opportunity to arrange for it to be done herself but if she it chooses not to or is unable to, then it is appropriate for the landlord to have the work done at the tenant’s cost
- The estimated costs of commercially completing the work derive from the experience of the landlord and the Tribunal and similar circumstances. If the landlord is required to complete the work after 1 October 2024, any costs claimed from the tenant should be supported by actual invoices provided to the tenant. If the total costs are less than $5,000.00 they may be directly recovered from the tenant. If they are greater, a further application to the Tribunal will be required.
- The best outcome would be for the tenant to use the opportunity until 30 September 2024 to arrange removal of the items herself, so the work can then be done in a way and at a cost managed by her.
- The tenant should engage with the landlord who may be able to assist.