What was the outcome of Tenancy Tribunal case 4958133?

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 4958133?

Work Order: $3,367.78 awarded to landlord

What type of tenancy dispute was case 4958133?

The dispute type was not classified.

Where can I read the official tribunal order for case 4958133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10780298-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4958133?

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 4958133?

Work Order: $3,367.78 awarded to landlord

What type of tenancy dispute was case 4958133?

The dispute type was not classified.

Where can I read the official tribunal order for case 4958133?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10780298-Tenancy_Tribunal_Order.pdf.

62 Robinson Crescent, Tamatea, Napier 4112 Tenancy Tribunal Case 4958133 — Tenancy dispute

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Order

Claims and awards in Tenancy Tribunal application 4958133 — net $3,367.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Work Order	$3,367.78	Work Order
Net award	$3,367.78
Total payable by Tenant to Landlord	$3,367.78

The tenant must carry out the following work to the premises, which must be completed by 4pm on Wednesday 11 September 2024: a. Remove all rubbish from the exterior of the premises. b. Cut all exterior grass.

As an alternative to compliance with Order 1, the tenant must pay the landlord $3,367.78 immediately.

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 $5,000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended this remote hearing.

The tenant did not attend the hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.

The landlord claims that the tenant has failed to remove rubbish from the exterior of the premises and failed to cut the grass for an extended period of time. Photos provided by the landlord show that the premises have not been kept tidy by the tenant. The landlord has issued a 14 day breach notice to the tenant. The tenant did not comply with the notice. 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 that 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. 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?

The tenant is required to keep the premises reasonably tidy. The photos show that the premises are far from reasonably tidy. Rubbish is strewn about the rear of the premises. It would seem that it is many months since the grass was last cut. The rubbish is attracting rodents.

The landlord has provided an estimate for the work required. The estimate is for $3,367.78. The estimate records that it is difficult to be precise. That is the alternative money order that the tenant may pay in the event that the tenant fails to carry out the work within the time mentioned in the order.

The landlord considers it likely that the work will cost $5,000.00 and if the landlord is required to carry out the work, then that is the maximum that the landlord can charge the tenant for the work.

Order

Claims and awards in Tenancy Tribunal application 4958133 — net $3,367.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Work Order	$3,367.78	Work Order
Net award	$3,367.78
Total payable by Tenant to Landlord	$3,367.78

As an alternative to compliance with Order 1, the tenant must pay the landlord $3,367.78 immediately.

Reasons

The landlord attended this remote hearing.

Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.

Has the tenant failed to comply with their obligations?

Tenancy Tribunal case 4958133 — Tenancy dispute at 62 Robinson Crescent, Tamatea, Napier 4112

At a glance

Tenancy Tribunal case 4958133 — Tenancy dispute at 62 Robinson Crescent, Tamatea, Napier 4112

At a glance

Award balance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions