What was Tenancy Tribunal case 5229053 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 5229053?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5229053?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5229053?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12026506-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5229053 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 5229053?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5229053?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5229053?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12026506-Tribunal_Order.pdf.

17B McKinnon Crescent, Otangarei, Whangarei 0112 Tenancy Tribunal Case 5229053 — Smoke alarms

Order

The tenant must carry out the following work to the premises, which must be completed by 5.00 pm on Wednesday 9 July 2025. a. Mow lawn, and b. Remove rubbish.

As an alternative to compliance with Order 1, the tenant must pay the landlord $1,500.00 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 $1,500.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.

This application first came before the Tribunal on 15 May 2025. Attempts had been made to serve notice of the hearing and the documents on the tenant, but I was not satisfied effective service had occurred. The notice and documents had been sent by post, but the mail had been returned and marked “No point of delivery” or similar. The tenant had also been served by email but, email is not an address for service on the tenancy agreement.

I ordered the landlord to serve the documents personally to the tenant or the tenant’s address, and if the latter, then to provide photographic evidence of so doing.

The landlord stated the documents were personally to the tenant’s address on 16 May 2025 and the Notice of Hearing to the tenant’s address on 21 May 2025.

I am satisfied that all reasonable steps have been taken to serve notice of this hearing on the tenant.

On 13 February 2025 a 14-day notice-to-remedy was delivered to the tenant’s property requiring tenant to mow and maintain the lawns and remove rubbish from the property.

To date this work has not been undertaken.

The landlord has provided photographs showing that the lawns are extremely overgrown and there is rubbish in bags piled up against the premises, and large amounts of loose rubbish strewn throughout the lawns.

The landlord wants the problem fixed.

Under section 40(1)(a)-(e), Residential Tenancies Act 1986, (the “RTA”) 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) RTA.

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) RTA.

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) RTA.

I am satisfied the tenant is in breach of her obligations under section 40(1)(c) of the RTA which requires the tenant to keep the premises reasonably clean and reasonably tidy, and clause 14 of the Tenancy Agreement which required the tenant to keep the home and grounds tidy.

The landlord has received an estimate from their contractors that to mow the lawns and tidy the gardens and to remove the rubbish from the premises, the costs should not exceed $1,500.00.

Order

The tenant must carry out the following work to the premises, which must be completed by 5.00 pm on Wednesday 9 July 2025. a. Mow lawn, and b. Remove rubbish.
As an alternative to compliance with Order 1, the tenant must pay the landlord $1,500.00 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 $1,500.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the number provided to the Tribunal.
This application first came before the Tribunal on 15 May 2025. Attempts had been made to serve notice of the hearing and the documents on the tenant, but I was not satisfied effective service had occurred. The notice and documents had been sent by post, but the mail had been returned and marked “No point of delivery” or similar. The tenant had also been served by email but, email is not an address for service on the tenancy agreement.
I ordered the landlord to serve the documents personally to the tenant or the tenant’s address, and if the latter, then to provide photographic evidence of so doing.
The landlord stated the documents were personally to the tenant’s address on 16 May 2025 and the Notice of Hearing to the tenant’s address on 21 May 2025.
I am satisfied that all reasonable steps have been taken to serve notice of this hearing on the tenant.
On 13 February 2025 a 14-day notice-to-remedy was delivered to the tenant’s property requiring tenant to mow and maintain the lawns and remove rubbish from the property.
To date this work has not been undertaken.
The landlord has provided photographs showing that the lawns are extremely overgrown and there is rubbish in bags piled up against the premises, and large amounts of loose rubbish strewn throughout the lawns.
The landlord wants the problem fixed.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986, (the “RTA”) 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) RTA.
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) RTA.
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) RTA.
I am satisfied the tenant is in breach of her obligations under section 40(1)(c) of the RTA which requires the tenant to keep the premises reasonably clean and reasonably tidy, and clause 14 of the Tenancy Agreement which required the tenant to keep the home and grounds tidy.
The landlord has received an estimate from their contractors that to mow the lawns and tidy the gardens and to remove the rubbish from the premises, the costs should not exceed $1,500.00.

Tenancy Tribunal case 5229053 — Smoke alarms at 17B McKinnon Crescent, Otangarei, Whangarei 0112

At a glance

Claims & awards

Tenancy Tribunal case 5229053 — Smoke alarms at 17B McKinnon Crescent, Otangarei, Whangarei 0112

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions