Published tribunal order
Tenancy Tribunal case 5080928 — Smoke alarms
Decided 29 Apr 2025 · Published 29 Apr 2025 · Application 5080928
- Smoke alarms
- Healthy homes
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s and Landlord’s name and identifying details.
- The tenant must carry out the following work to the premises, which must be completed by 14 May 2025: a. The shipping container currently stored on the property must be removed; and b. the other items and rubbish between the shipping container in the house and the pallets leaning against the shipping container must also be removed from the property and disposed of.
- If the tenant has not carried out the work and the timeframe set out the tenant must pay the landlord $9500.
- If the tenant fails to comply with either Order at [2] and [3] above, then the landlord may undertake the work and charge the tenant the costs of this work up to $9500. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Both parties attended the first and second hearings. The tenant did not attend the third hearing. I left a message for her indicating that I would call back and asking that she make herself available. However, after a five minute interval her phone remained unanswered.
- The tenant had a shipping container placed on the property to store items in while the subfloor of the tenancy had a vapour proof barrier, and under floor insulation installed. Ms Leuluai said she had kept the shipping container as the subfloor works had not been completed, and that some of the items which the landlord sought to be removed were in fact material left by contractors.
- At the second hearing the landlord provided evidence that the subfloor work was completed in early 2024, and that the contractors had removed all items from beneath the house. The landlord wants the shipping container removed as it is unsightly, and the rubbish removed as it presents access issues and raises safety concerns.
- The landlord has issued notices to the tenant regarding this but no action has been taken.
- Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises. This includes an obligation at 40 (1) (c) to keep the premises reasonably clean and reasonably tidy. The evidence indicates that the shipping container and rubbish are problematic.
- 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.
- The landlord has provided a quote for the cost of removing and disposing of the shipping container for $9500.
- I grant the work orders sought by the landlord.