What was Tenancy Tribunal case 5071089 about?

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 5071089?

Her Order 2 Or 3 Above, Then The Lan…: $500.00 awarded to landlord

What type of tenancy dispute was case 5071089?

The primary dispute was Smoke alarms. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5071089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11125705-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5071089 about?

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 5071089?

Her Order 2 Or 3 Above, Then The Lan…: $500.00 awarded to landlord

What type of tenancy dispute was case 5071089?

The primary dispute was Smoke alarms. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5071089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11125705-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5071089 — Smoke alarms

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5071089. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
her Order 2 or 3 above, then the Landlord may undertake the work and charge the Tenant the costs of this work up to	$500.00		her Order 2 or 3 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 Wednesday, 24 December 2024 at 11.59pm. a. Clean his room, disposing of any rubbish, and vacuuming the carpet.

As an alternative to compliance with Order 2, the Tenant must pay the landlord $500 immediately.

If the Tenant fails to comply with either Order 2 or 3 above, then the Landlord may undertake the work and charge the Tenant the costs of this work up to $500.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the hearing by phone.

The Landlord claims the Tenant repeatedly failed to clean his room despite being given notice of multiple inspection dates and opportunities to address the issue.

Inspections on 8 October, 23 October, and 6 November 2024 revealed persistent debris and food rubbish, with the Tenant admitting to laziness and making no apparent effort to remedy the situation. The Tenant is breaching his obligations to keep the premises reasonably clean and tidy, and, on more than one occasion, the Landlord has been unable to enter the Tenant’s room because of its condition; she explained the presence of old food on the ground and how she has a weak stomach.

I spoke with the Tenant during the hearing, and he admitted to being lazy, but I gather he is young, working shifts and unmotivated to clean and tidy his room.

The Landlord wants the Tenant to swap laziness for a broom and finally tackle his bedroom disaster.

Under s 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: s 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: s 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’s inability to reasonably access the room for inspection further underscores the extent of the breach. The condition of the room is inconsistent with the standard of cleanliness required by the Act, and the Tenant’s failure to comply is clear and ongoing. Findings on amounts to impose for alternative monetary order and limit of charges for landlord to do the work

In light of the Tenant’s ongoing failure to meet their obligations, the Tribunal finds it appropriate to impose an alternative monetary order of $500. This amount is a reasonable estimate of the cost required for professional cleaning to bring the room up to a reasonably clean and tidy standard.

Additionally, the Landlord is authorised to undertake the cleaning work themselves if the Tenant fails to comply with either the work order or the monetary order. The Landlord may recover costs up to a maximum of $500 for completing this work, which is deemed fair and proportional given the circumstances. Any such costs incurred may be treated as rent in arrears and enforced accordingly under section 78(2AAC)(a) of the Residential Tenancies Act 1986.

I grant name suppression to the Tenant because of his youth and inexperience, recognising that mistakes are part of the learning process. However, this comes with a reminder to ensure he takes greater responsibility for maintaining the premises in a clean and tidy state, as required by the Residential Tenancies Act 1986. Failing to do so in the future may result in less leniency and could impact his rental record, which is vital for securing housing in the long term.

Order

Claims and awards in Tenancy Tribunal application 5071089. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
her Order 2 or 3 above, then the Landlord may undertake the work and charge the Tenant the costs of this work up to	$500.00		her Order 2 or 3 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 Wednesday, 24 December 2024 at 11.59pm. a. Clean his room, disposing of any rubbish, and vacuuming the carpet.

As an alternative to compliance with Order 2, the Tenant must pay the landlord $500 immediately.

Reasons

Both parties attended the hearing by phone.

The Landlord claims the Tenant repeatedly failed to clean his room despite being given notice of multiple inspection dates and opportunities to address the issue.

I spoke with the Tenant during the hearing, and he admitted to being lazy, but I gather he is young, working shifts and unmotivated to clean and tidy his room.

The Landlord wants the Tenant to swap laziness for a broom and finally tackle his bedroom disaster.

Under s 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 5071089 — Smoke alarms

At a glance

Tenancy Tribunal case 5071089 — Smoke alarms

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