How much money was awarded in case 5060412?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5060412?

The dispute type was not classified.

Where can I read the official tribunal order for case 5060412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11124946-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5060412?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5060412?

The dispute type was not classified.

Where can I read the official tribunal order for case 5060412?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11124946-Tribunal_Order_Redacted.pdf.

1F Rosemary Lane, Manurewa, Auckland 2102 Tenancy Tribunal Case 5060412 — Tenancy dispute

Q: What was Tenancy Tribunal case 5060412 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details.

Tenantcheck Insights

Order

The Tribunal orders suppression of the Tenant’s name and identifying details.

[The respondent/s] is to remove the following from the premises by 5pm on Wednesday 4 December 2024: • Remove the structure built around the carport including walls, windows, light fixtures and electrical wiring leading to the carport cupboard/shed

An inspection will be conducted by Kāinga Ora–Homes And Communities

If the structure and alterations are not removed within the required timeframe, Kāinga Ora–Homes And Communities to request that the matter be referred back to the Tribunal to consider ordering that the landlord carry out the removal, with the cost of removal being passed on to the tenant.

Reasons

Both parties attended the hearing which was held by teleconference on 20 November 2024.

The landlord is seeking an order for the removal of an unauthorised structure built around the carport at the premises, including windows, walls, light fixtures and electrical wiring leading to the carport cupboard/shed. The landlord has raised concerns regarding health and safety risks posed by the carport being obstructed by windows and installations, as well as the electrical wiring powering the light fixtures, and has discussed these concerns with the tenant.

Section 42 of the Residential Tenancies Act 1986 (RTA) stipulates that the tenant shall not affix any fixture to the premises or make any renovation, alteration, or addition to the premises except: a) In accordance with the tenancy agreement; or b) With the prior written consent of the landlord, which consent cannot be unreasonably withheld.

Section 2 of the RTA defines "premises" to include land.

The tenant acknowledges that she did not obtain written permission from the landlord before making the alterations. Under Section 42 of the RTA, the tenant is prohibited from making any alterations to the premises except in accordance with the tenancy agreement. The tenancy agreement specifically requires the tenant to obtain prior written consent from the landlord for any alterations. The tenant did not seek or receive such consent.

The tenant has agreed, by consent, to remove the structure and alterations (along with the associated electrical wiring) and to restore the carport to a condition that complies with health and safety standards. She has also stated that her son will assist with the removal. A timeframe for completion of this work has been agreed upon.

If the structure and alterations are not removed by the specified timeframe, the landlord is granted leave to request that the matter be referred back to the Tribunal, where the Tribunal may consider having the landlord carry out the removal and charge the tenant for the cost of removal.

Since this is essentially a consent order, I believe it is reasonable to suppress the tenant’s name and identifying details. The landlord has not requested a suppression order.

Order

The Tribunal orders suppression of the Tenant’s name and identifying details.

An inspection will be conducted by Kāinga Ora–Homes And Communities

Reasons

Both parties attended the hearing which was held by teleconference on 20 November 2024.

Section 2 of the RTA defines "premises" to include land.

Since this is essentially a consent order, I believe it is reasonable to suppress the tenant’s name and identifying details. The landlord has not requested a suppression order.

Tenancy Tribunal case 5060412 — Tenancy dispute at 1F Rosemary Lane, Manurewa, Auckland 2102

At a glance

Claims & awards

Tenancy Tribunal case 5060412 — Tenancy dispute at 1F Rosemary Lane, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions