Published tribunal order
Tenancy Tribunal case 5229252 — Smoke alarms at 11A Grosvenor Street, Cambridge, Cambridge 3434
Decided 30 May 2025 · Published 30 May 2025 · Application 5229252
Mixed / unclear
- Smoke alarms
Order
- The tenant must carry out the following work to the premises, which must be completed by Friday 6 June 2025. a. Mow the lawns and maintain the lawns.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $1100.00 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 $1100.00 These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Both parties attended the hearing. The landlord attended the hearing by video and the Tenant by telephone. The Tenant disconnected the phone call during the hearing.
- The landlord claims that the Tenant has not maintained the lawns.
- 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 failed to keep the lawns in a tidy condition. This is listed as a responsibility at clause 9 of the Tenancy Agreement. Photographs were provided of the overgrown grass throughout the property from inspection reports.
- Because the overgrown grass is fairly extensive, the Landlord has submitted it would cost approximately $1100.00 to initially cut the lawn. I accept this is the amount given the photographs and the lawn area. If the Tenant does not comply with the work order by Friday 6 June 2025, the Landlord may undertake the work but the costs incurred is limited to $1100.00.
- The Tenant must not prevent the Landlord’s access to execute the work order should the Tenant fail to comply by 6 June 2025.