What was Tenancy Tribunal case 5243334 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 5243334?

Mply With Order 1 Above, Then The La…: $1,300.00 awarded to landlord

What type of tenancy dispute was case 5243334?

The dispute type was not classified.

Where can I read the official tribunal order for case 5243334?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11991350-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5243334 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 5243334?

Mply With Order 1 Above, Then The La…: $1,300.00 awarded to landlord

What type of tenancy dispute was case 5243334?

The dispute type was not classified.

Where can I read the official tribunal order for case 5243334?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11991350-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5243334 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 5243334. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$1,300.00		mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

The tenant must carry out the following work to the premises, which must be completed by 6 July 2025: a. Dispose of or remove inorganic material including car parts, tyres, gas bottles, trolleys, machinery parts, lawnmowers and other broken machinery or rubbish from the front of the house. To be clear, gardening items and functioning bikes may remain. b. From the back of the house any rubbish, broken or rusty items and items impeding access ways must be removed and/or disposed of.

If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $1,300. These costs may be treated as rent in arrears and enforced accordingly.

The tenant’s name and identifying details are to be suppressed from the published order.

Reasons

The landlord attended the hearing represented by Ms Smith.

[The tenant/s] did not attend. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.

The landlord claims that the tenant has breached the RTA by failing to keep the gardens of the home reasonably clean and tidy. The landlord wants some items removed.

This tenancy has been ongoing since 2011. In 2023 neighbours began complaining to the landlord about items [the tenant/s] was collecting in the garden. The items were a workbench/vice, automobile tyres, automobile parts, lawn mowers, gas bottles, rubbish and other machinery.

Since 2023 the landlord has issued four 14-day notices to clean and tidy the premise to [the tenant/s]. However, the majority of the items have remained. As such the breaches have not been remedied..

The property manager has also had several conversations with [the tenant/s] about the situation [the tenant/s] has advised that he has mobility and transport issues which is why he has not been able to remove the items requested.

Under section 40(1)(c) of the RTA a tenant must keep the tenancy premises reasonably clean and tidy. I am satisfied on the basis of the photos provided that [the tenant/s] has breached this obligation. There are a number of items which are strewn in the garden, and many appear to be rubbish.

Where the Tribunal finds the tenant has failed to comply with any obligations such as this, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) 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.

Having heard the landlord’s evidence I am satisfied that it is appropriate to make the work order as sought. I have specified what needs to be removed or disposed of and I do note that [the tenant/s] does have a basement that can be used for storage.

What is important is that the doors into [the tenant/s]’s home are accessible, i.e. they have nothing in front of them and that rubbish and miscellaneous items are not strewn around the yard. This creates an eyesore and potential hazard. It is understood that [the tenant/s] works on bikes and so they may remain provided they are stored tidily such as in the basement or behind the house.

The way items are currently stored at the front of the house particularly is not tidy and needs to be addressed.

I have given [the tenant/s] time to take steps to address the order and if he requires assistance to do so it is recommended he speaks to his tenancy manager. If he is not able to do so by 6 July, the landlord may have the items removed and disposed of up to a cost of $1,300. [The tenant/s] will have to repay his landlord this cost.

Given [the tenant/s]’s longevity in this home and his current health issues, I consider it just pursuant to section 95A of the RTA to suppress his name and identifying details from the published order.

Claims and awards in Tenancy Tribunal application 5243334. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$1,300.00		mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

Order

The tenant must carry out the following work to the premises, which must be completed by 6 July 2025: a. Dispose of or remove inorganic material including car parts, tyres, gas bottles, trolleys, machinery parts, lawnmowers and other broken machinery or rubbish from the front of the house. To be clear, gardening items and functioning bikes may remain. b. From the back of the house any rubbish, broken or rusty items and items impeding access ways must be removed and/or disposed of.
If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $1,300. These costs may be treated as rent in arrears and enforced accordingly.
The tenant’s name and identifying details are to be suppressed from the published order.

Reasons

The landlord attended the hearing represented by Ms Smith.
[The tenant/s] did not attend. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord claims that the tenant has breached the RTA by failing to keep the gardens of the home reasonably clean and tidy. The landlord wants some items removed.
This tenancy has been ongoing since 2011. In 2023 neighbours began complaining to the landlord about items [the tenant/s] was collecting in the garden. The items were a workbench/vice, automobile tyres, automobile parts, lawn mowers, gas bottles, rubbish and other machinery.
Since 2023 the landlord has issued four 14-day notices to clean and tidy the premise to [the tenant/s]. However, the majority of the items have remained. As such the breaches have not been remedied..
The property manager has also had several conversations with [the tenant/s] about the situation [the tenant/s] has advised that he has mobility and transport issues which is why he has not been able to remove the items requested.
Under section 40(1)(c) of the RTA a tenant must keep the tenancy premises reasonably clean and tidy. I am satisfied on the basis of the photos provided that [the tenant/s] has breached this obligation. There are a number of items which are strewn in the garden, and many appear to be rubbish.
Where the Tribunal finds the tenant has failed to comply with any obligations such as this, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) 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.
Having heard the landlord’s evidence I am satisfied that it is appropriate to make the work order as sought. I have specified what needs to be removed or disposed of and I do note that [the tenant/s] does have a basement that can be used for storage.
What is important is that the doors into [the tenant/s]’s home are accessible, i.e. they have nothing in front of them and that rubbish and miscellaneous items are not strewn around the yard. This creates an eyesore and potential hazard. It is understood that [the tenant/s] works on bikes and so they may remain provided they are stored tidily such as in the basement or behind the house.
The way items are currently stored at the front of the house particularly is not tidy and needs to be addressed.
I have given [the tenant/s] time to take steps to address the order and if he requires assistance to do so it is recommended he speaks to his tenancy manager. If he is not able to do so by 6 July, the landlord may have the items removed and disposed of up to a cost of $1,300. [The tenant/s] will have to repay his landlord this cost.
Given [the tenant/s]’s longevity in this home and his current health issues, I consider it just pursuant to section 95A of the RTA to suppress his name and identifying details from the published order.

Tenancy Tribunal case 5243334 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5243334 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions