Published tribunal order
Tenancy Tribunal case 5284820 — Tenancy dispute
Decided 16 Sept 2025 · Published 16 Sept 2025 · Application 5284820
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details and of the tenancy address.
- The tenant must remove and dispose of all building materials and other rubbish from the rear of the property by 30 August 2025.
- If the tenant fails to comply with Order 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $2,571.60. These costs may be treated as rent in arrears and enforced accordingly.
- The tenant must complete the following work at the property by 30 September 2025:- a. dismantle the front structure, and b. remove and dispose of all building materials and rubbish created from the dismantling of the front structure.
- If the tenant fails to comply with Order 4 above, then the landlord may undertake the work and charge the tenant the costs of this work up to:- a. $568.80 for work to dismantle the front structure, and b. $717.00 for work to remove and dispose of all materials and rubbish created from the dismantling of the front structure. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Both parties attended the hearing held by telephone on 29 July 2025.
- The reason for the landlord applying to the Tenancy Tribunal is because it says that the tenant has built structures at the property without obtaining the landlord’s consent first.
- A structure situated at the rear of the property has been dismantled by the tenant but there are building materials and other rubbish remnants remaining.
- A second roofed structure situated at the front of the house (“front structure”) remains.
- The landlord wants the tenant to do work to:- a. Remove the building materials and rubbish from the rear structure, and b. Dismantle the front structure, and c. Remove the building materials and rubbish from the front structure.
- The reason the landlord wants the front structure dismantled is because it says there is no evidence that it complies with specific Building Code requirements which exempt some structures from needing a building consent.
- The landlord is concerned the structure may be unsafe. First order
- I made orders on 30 July 2025 allowing both parties the chance to provide more information.
- I also made an order dismissing the landlord’s application for a conditional termination order.
- The landlord has now provided quotes for costs to do the work required.
- The tenant sent information that she arranged for a council inspection of the front structure.
- I allowed the tenant extra time until 5pm on 13 August 2025 but she has not provided information about the outcome of the council inspection. Work order to remove materials and rubbish from the rear of the property
- The law says that a tenant must keep the property “reasonably clean and reasonably tidy”; section 40(1)(c) Residential Tenancies Act 1986 (RTA).
- The landlord has proved there is a large quantity of building materials and rubbish at the rear of the property. This has come about because the tenant complied with the landlord’s notices to dismantle two structures she had built without consent at the rear of the property.
- The landlord gave the tenant a breach notice requiring her to remove the rubbish by 28 April 2025.
- The rubbish was still at the property at the date of the first hearing.
- The property is not reasonably tidy and the building materials and rubbish may cause injury or nuisance to occupants or visitors.
- I have made an order that the tenant must remove the building materials and rubbish by 30 August 2025.
- If they are not removed by this date, the landlord may have the work done and may charge the tenant the cost of this work up to the amount of $2,571.60. Work order to dismantle front structure and remove materials and rubbish
- The law says that a tenant must not make any alteration of addition to the tenancy premises except if it is allowed in the tenancy agreement or with the prior written consent of the landlord; section 42 RTA.
- Clause 30 of the tenancy agreement says a tenant must get written permission before building any structures.
- The tenant agrees she did not ask for written permission before building the front structure. She also agrees that the front structure remains at the property. She has breached the tenancy agreement.
- On 30 July 2025, I made an order allowing the tenant time to arrange for a council building inspector to inspect the structure in case it might comply with the building code requirements.
- The tenant has not provided written confirmation from an Auckland Council building inspector that the front structure either:- a. Is exempt from requiring a building consent, or b. Is not currently exempt from requiring a building consent but could be made exempt by the carrying out of certain work and clearly setting out what the work is.
- I acknowledge that the tenant has been using the front structure for a good community purpose which is to give free tutorials to local school children.
- However, the front structure might not be safe or durable.
- Any structure that is going to be used by people needs to comply with the building code requirements.
- There is no evidence from the tenant to show that the front structure complies with the building code.
- I have decided to make an order that the tenant must, by 30 September 2025, dismantle the front structure, and remove and dispose of all building materials and rubbish created from the dismantling of the front structure.
- If the tenant fails to comply with this work order, then the landlord may have the work done and charge the tenant the costs of the work up to the amounts specified. Suppression of names
- The Tribunal may suppress names or other details from published orders in certain circumstances. See section 95A RTA.
- I have decided to suppress the tenant’s name and the tenancy address from the published order. I am satisfied the tenant did not understand she should obtain prior written consent before building the structures and she is engaging with this process constructively and it is still underway. In addition, the tenant still lives at the address and her privacy outweighs any public interest in her identity.
- I do not suppress the landlord’s name as it is the government landlord managing public funds and infrastructure and it is therefore in the public interest that its actions be transparent.