What was Tenancy Tribunal case 5143489 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 5143489?

The Costs Of This Work Up To: $2,911.32 awarded to landlord

What type of tenancy dispute was case 5143489?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5143489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11681758-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5143489 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 5143489?

The Costs Of This Work Up To: $2,911.32 awarded to landlord

What type of tenancy dispute was case 5143489?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5143489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11681758-Tenancy_Tribunal_Order.pdf.

Unit/Flat 26, 126 Landscape Road, Mount Eden, Auckland Tenancy Tribunal Case 5143489 — Smoke alarms

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5143489. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the costs of this work up to	$2,911.32		the costs of this work up to

The tenant must carry out the following work to the premises, which must be completed by 5pm Tuesday 22 April 2025. a. Removal of the garden shed and any associated material on the property situated at 26/126 Landscape Road, Mt Eden, Auckland 1024 to the satisfaction of the landlord.

If the tenant fails to comply with Order 1 above, then the landlord may undertake to have the structure removed and disposed of and charge the tenant the costs of this work up to $2911.32. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing. There was no appearance by the tenant at the scheduled hearing time of 9.30am.

The landlord claims that the tenant has placed a shed on the property without their express consent. The landlord says that this is in breach of clause 30 of the Tenancy Agreement. 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.

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.

Has the tenant failed to comply with their obligations?

The tenant has breached his obligations by not obtaining the consent of the landlord in respect of a shed erected at the above property. The landlord served the tenant with a 14-day notice to remedy on 20 May 2024. To date, the tenant is yet to remedy the breach.

The tenant has not appeared to dispute the claim and provide evidence in support of any opposition. Based on the photographic evidence provided with the landlord’s application I am satisfied that the tenant has breached his obligations in this regard.

The landlord’s claim is allowed.

The landlord does not seek reimbursement of the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5143489. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the costs of this work up to	$2,911.32		the costs of this work up to

Reasons

The landlord attended the hearing. There was no appearance by the tenant at the scheduled hearing time of 9.30am.

Under section 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?

The landlord’s claim is allowed.

The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5143489 — Smoke alarms at Unit/Flat 26, 126 Landscape Road, Mount Eden, Auckland

At a glance

Tenancy Tribunal case 5143489 — Smoke alarms at Unit/Flat 26, 126 Landscape Road, Mount Eden, Auckland

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.