What was Tenancy Tribunal case 5248911 about?

The tribunal order states: of the same NZTT

How much money was awarded in case 5248911?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5248911?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5248911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12020826-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5248911 about?

The tribunal order states: of the same NZTT

How much money was awarded in case 5248911?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5248911?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5248911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12020826-Tribunal_Order.pdf.

216 George Street, Stokes Valley, Lower Hutt 5019 Tenancy Tribunal Case 5248911 — Cleanliness

Order

of the same NZTT number regarding the numbering of the Orders. The substance of the order has not been changed.

The tenant must carry out the following work to the premises, which must be completed by 5.00 pm Tuesday 8 July 2025: a. Remove rubbish from inside the premises, b. Remove rubbish from the exterior of the premises, c. Remove spa pools, d. Clean premises to a reasonable standard.
As an alternative to compliance with Order 2, the tenant must pay the landlord $3,603.14 immediately.
If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to a. $1,208.00 for interior rubbish removal, b. $895.14 for exterior rubbish removal, c. $1,500.00 bio clean (cleaning with bio hazard materials due to needles on premises.)
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 was called twice on the number that appears on his tenancy agreement and ends with he digits six one six. The first call went to answer phone. The second call was answered by a person who answered to the name of [The tenant/s], but then said he was not that person and gave another name. He said his number was the same as the number I had called but with the last digit left off.
There is a question regarding service. Tenancy Services advise they attempted to serve the tenant to his residential address, but the mail was returned as there was no delivery point.
The Kāinga Ora–Homes And Communities representative today stated that the tenant can be difficult to get hold of.
I am satisfied that reasonable attempts have been made by the landlord to make service on the tenant in accordance with the Residential Tenancies Act, 1986, and that the tenant may be deliberately attempting to prevent service being effected. The tenant may prefer to not attend the hearing. That is his prerogative.
In the circumstances I am prepared to conduct the hearing in the tenant’s absence. The tenant has options available to him if he was unaware of the hearing.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises. These include keeping the premises reasonably clean and tidy. See section 40(1)(c).
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.
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.
The landlord claims that the tenant has a large amount of rubbish inside and outside his premises. The tenant also has at least one spa pool on the premises. (Photographs show an inflatable spa pool to have been erected in the tenant’s bathroom.) The landlord wants the rubbish removed, the spa pools taken away and the premises cleaned. The landlord says there are needles littering the premises and these need to be tidied using bio-hazard equipment.
The landlord has provided photographs in support of their application, and a quote from their own contractors for remedying the problems.
I am satisfied the tenant has breached the Residential Tenancies Act, 1986 with regard to keeping the premises reasonably clean and tidy.
The breach is proved.

Order

of the same NZTT number regarding the numbering of the Orders. The substance of the order has not been changed.

The tenant must carry out the following work to the premises, which must be completed by 5.00 pm Tuesday 8 July 2025: a. Remove rubbish from inside the premises, b. Remove rubbish from the exterior of the premises, c. Remove spa pools, d. Clean premises to a reasonable standard.
As an alternative to compliance with Order 2, the tenant must pay the landlord $3,603.14 immediately.
If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to a. $1,208.00 for interior rubbish removal, b. $895.14 for exterior rubbish removal, c. $1,500.00 bio clean (cleaning with bio hazard materials due to needles on premises.)
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 was called twice on the number that appears on his tenancy agreement and ends with he digits six one six. The first call went to answer phone. The second call was answered by a person who answered to the name of [The tenant/s], but then said he was not that person and gave another name. He said his number was the same as the number I had called but with the last digit left off.
There is a question regarding service. Tenancy Services advise they attempted to serve the tenant to his residential address, but the mail was returned as there was no delivery point.
The Kāinga Ora–Homes And Communities representative today stated that the tenant can be difficult to get hold of.
I am satisfied that reasonable attempts have been made by the landlord to make service on the tenant in accordance with the Residential Tenancies Act, 1986, and that the tenant may be deliberately attempting to prevent service being effected. The tenant may prefer to not attend the hearing. That is his prerogative.
In the circumstances I am prepared to conduct the hearing in the tenant’s absence. The tenant has options available to him if he was unaware of the hearing.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises. These include keeping the premises reasonably clean and tidy. See section 40(1)(c).
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.
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.
The landlord claims that the tenant has a large amount of rubbish inside and outside his premises. The tenant also has at least one spa pool on the premises. (Photographs show an inflatable spa pool to have been erected in the tenant’s bathroom.) The landlord wants the rubbish removed, the spa pools taken away and the premises cleaned. The landlord says there are needles littering the premises and these need to be tidied using bio-hazard equipment.
The landlord has provided photographs in support of their application, and a quote from their own contractors for remedying the problems.
I am satisfied the tenant has breached the Residential Tenancies Act, 1986 with regard to keeping the premises reasonably clean and tidy.
The breach is proved.

Tenancy Tribunal case 5248911 — Cleanliness at 216 George Street, Stokes Valley, Lower Hutt 5019

At a glance

Claims & awards

Tenancy Tribunal case 5248911 — Cleanliness at 216 George Street, Stokes Valley, Lower Hutt 5019

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