What was Tenancy Tribunal case 5271099 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 5271099?

Undertake The Work And Charge The Te…: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5271099?

The dispute type was not classified.

Where can I read the official tribunal order for case 5271099?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12297458-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5271099 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 5271099?

Undertake The Work And Charge The Te…: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5271099?

The dispute type was not classified.

Where can I read the official tribunal order for case 5271099?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12297458-Tenancy_Tribunal_Order.pdf.

6B Tioro Lane, Mangere, Auckland 2022 Tenancy Tribunal Case 5271099 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 5271099. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
undertake the work and charge the tenant the costs of this work up to	$2,000.00		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 Sunday, 21 September 2025. a. Remove all fixtures affixed to the balcony at the rear of the property b. Remove all fixtures affixed to the front of the carport c. Remove all fixtures affixed to the rear of the carport.

As an alternative to compliance with Order 2, the tenant must pay the landlord $5000.00 immediately.

If the tenant fails to comply with either Orders 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $2000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The applicant attended the hearing in Manukau. The respondent did not attend.

What is the application about?

This tenancy commenced on the 27 th of November 2015. This application concerns whether the tenant has failed to comply with their obligations under the Residential Tenancies Act 1986 by affixing fixtures to the premises without the landlord’s consent.

The landlord claims that the tenant has installed fixtures to the balcony at the rear of the property and to the front and back of the carport attached to the house. The landlord provided photographs showing that the fixtures consist of corrugated plastic, corrugated iron, doors, tarpaulin, and other plastic materials attached to the balcony and carport.

The effect of these works has been to convert previously open outdoor areas into enclosed spaces. The landlord explained that consent for these additions was never given. They stated that they had worked with the tenant and provided notice requesting that the structures be removed, but no progress had been made. On 15 April 2025, the landlord issued the tenant a 14-day notice to remedy, requiring the removal of these structures. The landlord advised the Tribunal that the work was not completed within that period.

Was the respondent entitled to install the fixtures?

The applicant told me that the respondent’s position was that the fixtures were in place when the tenancy commenced in 2015. The landlord provided me with photographs taken in 2018, which depict both the balcony and the carport without the fixtures attached.

Section 42(1) provides that a tenant cannot affix any fixture to the premises, or make any renovation, alteration, or addition, unless this is permitted by the tenancy agreement or the landlord’s prior written consent has been obtained.

I am satisfied that the respondent has installed fixtures to the tenancy premises without the consent of the applicant.

What is the outcome?

The applicant has asked me to make a work order requiring the removal of these fixtures. Section 78(1)(e) empowers the Tribunal to order the removal of the fixture by way of a work order.

Section 78(2) requires that, if a work order is made without the consent of either party, the Tribunal must also make a monetary order as an alternative.

The tenant is ordered to remove the fixtures from the rear balcony and from the front and back of the carport on or before Sunday, 21 September 2025. I also make a monetary order as an alternative to compliance with the work order. The tenant must pay the landlord the sum of $5,000.00 if the fixtures are not removed by that date.

Claims and awards in Tenancy Tribunal application 5271099. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
undertake the work and charge the tenant the costs of this work up to	$2,000.00		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 Sunday, 21 September 2025. a. Remove all fixtures affixed to the balcony at the rear of the property b. Remove all fixtures affixed to the front of the carport c. Remove all fixtures affixed to the rear of the carport.
As an alternative to compliance with Order 2, the tenant must pay the landlord $5000.00 immediately.
If the tenant fails to comply with either Orders 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $2000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The applicant attended the hearing in Manukau. The respondent did not attend.

What is the application about?

This tenancy commenced on the 27 th of November 2015. This application concerns whether the tenant has failed to comply with their obligations under the Residential Tenancies Act 1986 by affixing fixtures to the premises without the landlord’s consent.
The landlord claims that the tenant has installed fixtures to the balcony at the rear of the property and to the front and back of the carport attached to the house. The landlord provided photographs showing that the fixtures consist of corrugated plastic, corrugated iron, doors, tarpaulin, and other plastic materials attached to the balcony and carport.
The effect of these works has been to convert previously open outdoor areas into enclosed spaces. The landlord explained that consent for these additions was never given. They stated that they had worked with the tenant and provided notice requesting that the structures be removed, but no progress had been made. On 15 April 2025, the landlord issued the tenant a 14-day notice to remedy, requiring the removal of these structures. The landlord advised the Tribunal that the work was not completed within that period.

Was the respondent entitled to install the fixtures?

The applicant told me that the respondent’s position was that the fixtures were in place when the tenancy commenced in 2015. The landlord provided me with photographs taken in 2018, which depict both the balcony and the carport without the fixtures attached.
Section 42(1) provides that a tenant cannot affix any fixture to the premises, or make any renovation, alteration, or addition, unless this is permitted by the tenancy agreement or the landlord’s prior written consent has been obtained.
I am satisfied that the respondent has installed fixtures to the tenancy premises without the consent of the applicant.

What is the outcome?

The applicant has asked me to make a work order requiring the removal of these fixtures. Section 78(1)(e) empowers the Tribunal to order the removal of the fixture by way of a work order.
Section 78(2) requires that, if a work order is made without the consent of either party, the Tribunal must also make a monetary order as an alternative.
The tenant is ordered to remove the fixtures from the rear balcony and from the front and back of the carport on or before Sunday, 21 September 2025. I also make a monetary order as an alternative to compliance with the work order. The tenant must pay the landlord the sum of $5,000.00 if the fixtures are not removed by that date.

Tenancy Tribunal case 5271099 — Tenancy dispute at 6B Tioro Lane, Mangere, Auckland 2022

At a glance

Claims & awards

Tenancy Tribunal case 5271099 — Tenancy dispute at 6B Tioro Lane, Mangere, Auckland 2022

At a glance

Claims & awards

Order

Reasons

What is the application about?

Was the respondent entitled to install the fixtures?

What is the outcome?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

What is the application about?

Was the respondent entitled to install the fixtures?

What is the outcome?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.