What was Tenancy Tribunal case 5133368 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 5133368?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5133368?

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

Where can I read the official tribunal order for case 5133368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11706346-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5133368 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 5133368?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5133368?

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

Where can I read the official tribunal order for case 5133368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11706346-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5133368 — Smoke alarms

Tenantcheck Insights

Order

The tenant must carry out the following work to the premises, which must be completed by 5pm Sunday 13 April 2025. a. The tenant must relocate the barrier, consisting of two orange road cones and a cylindrical black and yellow plastic pipe, from its current location to the area indicated by the yellow triangles as shown in the photo below so that it does not encroach on any part of the shared driveway.

The tenant must not permit any barrier or structure to be placed, or allow to encroach, on or within the right of way shared area of the driveway.

If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the cost of a callout fee. This cost may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the hearing via remote teleconference. The tenant was assisted by a representative.

The landlord claims that the tenant has placed a barrier on his driveway which encroaches on the common area of the property. The landlord has provided a deposited site plan which shows the two dwellings along with the shared driveway. The driveway is shared by both dwellings and is also considered a right of way.

The barrier consists of two orange road cones and a cylindrical black and yellow plastic pipe placed across the top of the cones.

The tenant objects to barrier being moved. He says that he continues to suffer harassment and breaches of his quiet enjoyment at the hands of the neighbour at the front of the property. The barrier provides an element of protection from the neighbour. It is clear that the relationship between the tenant and neighbour is beyond repair.

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.

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. 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 provided a subdivision plan which identified each land lot together with the relevant easement areas. The land has been subdivided to accommodate two houses. The tenant’s house is situated at the rear of the property. In order to access his house, the tenant must proceed along a shared driveway past the house situated at the front of the property. Rights of way 1 (1) A right of way includes the right for the grantee, in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to go over and along the easement facility. (2) The right to go over and along the easement facility includes the right to go over and along the easement facility with or without any kind of— (a) vehicle, machinery, or implement; or (b) domestic animal or (if the burdened land is rural land) farm animal. (3) A right of way includes the right to have the easement facility kept clear at all times of obstructions (whether caused by parked vehicles, deposit of materials, or unreasonable impediment) to the use and enjoyment of the easement facility. (4) The right to go over and along the easement facility, and to have the easement facility kept clear, is limited to the extent required by any period of necessary repair or maintenance of the easement facility. (5) The easement facility for the relevant easement is the surface of the land described as the easement area, including any easement facility laid or to be laid along the easement area in accordance with clause 10(1).

The right of way areas must be kept clear of all obstructions that would prevent either lot being able to pass over the relevant areas. This includes the area to which extends past a garage or carport which allows space for motor vehicles to manoeuvre.

Any wrongful interference with a right of way constitutes a nuisance 2

Having sighted the landlord’s evidence provided in support of this application I am satisfied that the tenant has breached his obligations in this regard. I find that the above order is necessary in respect of this tenancy.

Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

Accordingly, I suppress the name and identifying details of the tenant for safety reasons. 1 Land Transfer Regulations 2018 Schedule 5 2 McKellar v Guthrie [1920] NZLR 729 at 731

The landlord does not seek reimbursement of the filing fee.

Order

The tenant must not permit any barrier or structure to be placed, or allow to encroach, on or within the right of way shared area of the driveway.

Reasons

Both parties attended the hearing via remote teleconference. The tenant was assisted by a representative.

The barrier consists of two orange road cones and a cylindrical black and yellow plastic pipe placed across the top of the cones.

Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.

Any wrongful interference with a right of way constitutes a nuisance 2

Accordingly, I suppress the name and identifying details of the tenant for safety reasons. 1 Land Transfer Regulations 2018 Schedule 5 2 McKellar v Guthrie [1920] NZLR 729 at 731

The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5133368 — Smoke alarms

At a glance

Tenancy Tribunal case 5133368 — Smoke alarms

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions