Published tribunal order
Tenancy Tribunal case 5304040 — Mould & damp at Unit/Flat 11, 1 Juliana Way, Glendene, Auckland 0602
Decided 13 Aug 2025 · Published 13 Aug 2025 · Application 5304040
Mixed / unclear
- Mould & damp
- Smoke alarms
- Property damage
Order
- The tenant must carry out the following work to the premises, which must be completed by Wednesday 27 August 2025: a. Wipe down the walls and doors throughout the property; b. Clean and wipe the walls in the kitchen, focussing on the walls behind the rangehood; c. Clean rangehood filter; d. Mop kitchen floors; e. Clean and wipe windowsills and skirting around doors; f. Clean and mop mould off bathroom/toilet floor and ceiling; g. Clear out excess belongings in the garage; h. Mow lawns in front and backyard.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $1,000.00 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 $1,000.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail. The hearing proceeded in the tenant’s absence.
- The landlord claims that the tenant has failed to keep the premises reasonably clean and reasonably tidy. The landlord wants the problem fixed.
- 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?
- On 28 March 2025 the landlord served a 14-day breach notice on the tenant requiring her to carry out work in relation to the premises not being reasonably clean and reasonably tidy. The work required is the same as is directed in this work order.
- When the landlord attended on 17 April 2025 to check whether the work had been carried out the tenant asked for an extension until 29 April 2025. The tenant asked for two further dates. On 16 May 2025 the landlord issued notice to inspect the premises but was unable to contact the tenant to confirm the visit. The landlord submitted that no one was home at the time of the visit and from the outside there appeared to be no change to the condition.
- The landlord had offered assistance to the tenant, but this apparently was not accepted. The landlord had hoped that the tenant would attend the hearing so that there was some engagement. The landlord said that engagement with the tenant has been challenging.
- If the tenant does not carry out the work within the required timeframe, I have ordered an alternative monetary order of $1,000.00. If the landlord is to carry out the work the landlord can spend up to $1,000.00.