What was the outcome of Tenancy Tribunal case 5007128?

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 5007128?

Th Either Order 1 Above, Then The La…: $5,000.00 awarded to landlord

What type of tenancy dispute was case 5007128?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5007128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11306753-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5007128?

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 5007128?

Th Either Order 1 Above, Then The La…: $5,000.00 awarded to landlord

What type of tenancy dispute was case 5007128?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5007128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11306753-Tenancy_Tribunal_Order.pdf.

3C Hutton Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5007128 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 5007128. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
th either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$5,000.00		th either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

The tenant must carry out the following work to the premises, which must be completed by 31 January 2025: a. Remove all inorganic material from the exterior of the premises; b. Cut the lawn and tidy up the section.

If the tenant fails to comply with either Order 1 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.

The tenant must carry out the following work to the interior of the premises, which must be completed by 16 February 2025: c. Clean kitchen area, remove all rubbish; d. Mop and clean floors, clean stove; e. Remove rubbish and clean the lounge area; f. Clean wall in bedroom one and two.

The landlord may undertake an inspection from 17 February 2025 to determine whether the tenant has complied with cleaning the interior of the premises and if not, whether any costs are to be claimed. The landlord can apply to the Tribunal with details of what costs are sought.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. A Hindi interpreter was present at the hearing to assist if the tenant did attend the hearing.

The landlord claims that the tenant failed to keep the premises reasonably clean and reasonably tidy. 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.

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?

Since September 2023 the landlord has had concerns with the tenant’s responsibility to keep the premises reasonably clean and reasonably tidy. On 12 September 2023 the landlord issued a section 56 notice to remedy the breach in relation to the condition of the premises. The tenant did not comply with the breach notice and instead sought an extension of time to comply.

The landlord provided the tenant with a Housing Action Plan to clean the property (exterior and interior) which was reviewed and signed by the tenant.

The landlord has visited several times and provided advice and support for the tenant, but the premises remain unclean and untidy. The tenant has requested further extensions of time to comply.

At the hearing the landlord produced photographs taken during a visit on 28 November 2024. The photographs show a lot of inorganic rubbish on the exterior area of the premises. Further photographs were produced from a visit conducted on 16 December 2024 where there has been no change to the condition of the exterior of the premises.

If the tenant fails to clean and tidy the exterior of the premises by 31 January 2025, I have ordered that the landlord can undertake the work up to a cost of $5,000.00. This amount reflects the condition of the premises. I note that this issue has been ongoing for over a year and the landlord had filed this application in September 2024. The tenant has had more than sufficient notice that this is a serious issue.

In relation to the interior of the premises, the tenant is reminded that there is also an obligation to keep it reasonably clean and reasonably tidy. I have given the tenant until 16 February 2025 to attend to this. If the tenant fails to comply then the landlord can seek costs to remedy the issue.

Claims and awards in Tenancy Tribunal application 5007128. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
th either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$5,000.00		th either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

Order

The tenant must carry out the following work to the premises, which must be completed by 31 January 2025: a. Remove all inorganic material from the exterior of the premises; b. Cut the lawn and tidy up the section.
If the tenant fails to comply with either Order 1 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.
The tenant must carry out the following work to the interior of the premises, which must be completed by 16 February 2025: c. Clean kitchen area, remove all rubbish; d. Mop and clean floors, clean stove; e. Remove rubbish and clean the lounge area; f. Clean wall in bedroom one and two.
The landlord may undertake an inspection from 17 February 2025 to determine whether the tenant has complied with cleaning the interior of the premises and if not, whether any costs are to be claimed. The landlord can apply to the Tribunal with details of what costs are sought.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. A Hindi interpreter was present at the hearing to assist if the tenant did attend the hearing.
The landlord claims that the tenant failed to keep the premises reasonably clean and reasonably tidy. 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.
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?

Since September 2023 the landlord has had concerns with the tenant’s responsibility to keep the premises reasonably clean and reasonably tidy. On 12 September 2023 the landlord issued a section 56 notice to remedy the breach in relation to the condition of the premises. The tenant did not comply with the breach notice and instead sought an extension of time to comply.
The landlord provided the tenant with a Housing Action Plan to clean the property (exterior and interior) which was reviewed and signed by the tenant.
The landlord has visited several times and provided advice and support for the tenant, but the premises remain unclean and untidy. The tenant has requested further extensions of time to comply.
At the hearing the landlord produced photographs taken during a visit on 28 November 2024. The photographs show a lot of inorganic rubbish on the exterior area of the premises. Further photographs were produced from a visit conducted on 16 December 2024 where there has been no change to the condition of the exterior of the premises.
If the tenant fails to clean and tidy the exterior of the premises by 31 January 2025, I have ordered that the landlord can undertake the work up to a cost of $5,000.00. This amount reflects the condition of the premises. I note that this issue has been ongoing for over a year and the landlord had filed this application in September 2024. The tenant has had more than sufficient notice that this is a serious issue.
In relation to the interior of the premises, the tenant is reminded that there is also an obligation to keep it reasonably clean and reasonably tidy. I have given the tenant until 16 February 2025 to attend to this. If the tenant fails to comply then the landlord can seek costs to remedy the issue.

Tenancy Tribunal case 5007128 — Cleanliness at 3C Hutton Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5007128 — Cleanliness at 3C Hutton Street, Otahuhu, Auckland 1062

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions