Published tribunal order
Tenancy Tribunal case 4970514 — Smoke alarms at Unit/Flat 6, 79 Panama Road, Mount Wellington, Auckland
Decided 24 Sept 2024 · Published 24 Sept 2024 · Application 4970514
Landlord favoured
- Smoke alarms
- Property damage
Order
- The tenant must carry out the following work to the premises, which must be completed by Friday, 11 October 2024: a. Remove all rubbish, furniture, household items and other inorganic material from outside the property. b. Repair and paint over the hole in the wall of bedroom 3 to a tradesman like standard. c. Paint over the entire wall in the lounge where the graffiti is located.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $2,500.00 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 $2,500.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The landlord attended the hearing. The tenant did not.
- The landlord claims that the tenant has not kept the property reasonably clean and tidy and has caused damage. The landlord wants these problems fixed.
- Under sections 40(1)(a)-(e) and 40(2)(a)-(c), 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?
- The landlord produced photographs which show the following: a. The outside of the property has a large amount of rubbish, furniture, household items and other inorganic material present. b. Hole in the wall of bedroom 3. The tenant has attempted a repair job, but the quality of the repair is poor. c. Graffiti on the wall of the lounge. The tenant has attempted to paint over the graffiti in white. The graffiti is still visible through the paint and the patch-work repair is noticeable, as the white paint is a different colour to the rest of the wall.
- The landlord provided photographs of the property taken at the beginning of the tenancy. These photographs prove that the above issues have occurred during the current tenancy.
- Based on the photographs provided by the landlord, I find that the tenant has not kept the premises reasonably clean and tidy, which is a breach of their obligations under section 40(1)(c) RTA. I also find that the tenant has intentionally or carelessly damaged, or permitted other people to intentionally or carelessly damage the premises, which is a breach of their obligations under section 40(2)(a) RTA.
- Kainga Ora Homes and Communities is one of New Zealand’s largest landlords. They have extensive experience in managing properties and carrying out repair work, and rubbish removal. I accept the landlord’s submission that the likely cost to remedy the breaches committed by the tenant would be: a. Repair hole in wall: $70.00 b. Paint wall in lounge: $200.00 c. Remove rubbish: $1,500.00 - $2,500.00
- The landlord gave evidence and I accept, that the total cost is likely to be around $2,500.00, depending upon how many skip bins are required to remove the rubbish. Therefore, I have set the amount for the alternative monetary order at $2,500.00 and limited the charges for the landlord to do the work to the same amount.
- Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.