What was Tenancy Tribunal case 5206056 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 5206056?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5206056?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5206056?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11672985-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5206056 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 5206056?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5206056?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5206056?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11672985-Tenancy_Tribunal_Order.pdf.

8A Russell Street, Waterloo, Lower Hutt 5011 Tenancy Tribunal Case 5206056 — Smoke alarms

Order

The tenant must carry out the following work to the premises, which must be completed by Thursday 10 April 2025: a. Slash and mow overgrown lawns and tidy exterior of premises

As an alternative to compliance with Order 1, the tenant must pay the landlord $360.41 immediately.

If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $400.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Only the landlord attended the hearing which took place by teleconference. The tenant was called on the number provided ending in 0720 and the calls went to voicemail. The file records that notice of the hearing has been sent to the tenant so the hearing proceeded in the tenant’s absence.

The landlord claims that the tenant has breached their obligations by failing to mow the lawns and 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. Under section 40(1)(c) the tenant must keep the premises reasonably clean and tidy.

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 landlord claims that the tenant has failed to keep the exterior of the premises reasonably tidy as the lawns are overgrown to such an extent that it is impacting the neighbours. The landlord has provided photographs of the premises and a quote to remedy this.

The landlord has provided a copy of a notice to remedy sent to the tenant in February 2025 and advised that this has not been remedied.

I am satisfied on the evidence presented that the tenant has breached their obligation to keep the exterior of the premises reasonably tidy.

The landlord has provided a quote to slash and clip the lawn in the sum of $360.51. The landlord wishes to give one final opportunity to the tenant to remedy the issue.

A work order is made ordering the tenant to slash and mow the overgrown lawns and tidy the exterior of the premises by Thursday 10 April 2025 or alternatively pay the landlord the amount in the quote.

If the tenant fails to comply with the work order, then the landlord may undertake the work and charge the tenant the costs of this work up to $400.00.

Order

The tenant must carry out the following work to the premises, which must be completed by Thursday 10 April 2025: a. Slash and mow overgrown lawns and tidy exterior of premises
As an alternative to compliance with Order 1, the tenant must pay the landlord $360.41 immediately.
If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $400.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Only the landlord attended the hearing which took place by teleconference. The tenant was called on the number provided ending in 0720 and the calls went to voicemail. The file records that notice of the hearing has been sent to the tenant so the hearing proceeded in the tenant’s absence.
The landlord claims that the tenant has breached their obligations by failing to mow the lawns and 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. Under section 40(1)(c) the tenant must keep the premises reasonably clean and tidy.
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 landlord claims that the tenant has failed to keep the exterior of the premises reasonably tidy as the lawns are overgrown to such an extent that it is impacting the neighbours. The landlord has provided photographs of the premises and a quote to remedy this.
The landlord has provided a copy of a notice to remedy sent to the tenant in February 2025 and advised that this has not been remedied.
I am satisfied on the evidence presented that the tenant has breached their obligation to keep the exterior of the premises reasonably tidy.
The landlord has provided a quote to slash and clip the lawn in the sum of $360.51. The landlord wishes to give one final opportunity to the tenant to remedy the issue.
A work order is made ordering the tenant to slash and mow the overgrown lawns and tidy the exterior of the premises by Thursday 10 April 2025 or alternatively pay the landlord the amount in the quote.
If the tenant fails to comply with the work order, then the landlord may undertake the work and charge the tenant the costs of this work up to $400.00.

Tenancy Tribunal case 5206056 — Smoke alarms at 8A Russell Street, Waterloo, Lower Hutt 5011

At a glance

Claims & awards

Tenancy Tribunal case 5206056 — Smoke alarms at 8A Russell Street, Waterloo, Lower Hutt 5011

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.

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.