What was Tenancy Tribunal case 5310264 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 5310264?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5310264?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5310264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12687475-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5310264 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 5310264?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5310264?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5310264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12687475-Tenancy_Tribunal_Order.pdf.

9 Forth Street, Marchwiel, Timaru 7910 Tenancy Tribunal Case 5310264 — 14-day notice

Order

The tenant must carry out the following work to the premises, which must be completed by 8 December 2025: a. Remove the fencing/gate and pallet across the opening between the house and the fence with 11 Forth Street. b. Restore the low fence across the opening as it was at the start of the tenancy. c. Remove the additional fencing that has been added to the fence between the premises and 11 Forth Street. d. Remove the additions that have been made to the shed at the rear of the property. e. Remove the extension cords between the house and the outbuildings. f. Remove the two spa pools from the property. g. Remove all rubbish from the property and make it tidy. h. Remove the words painted on the windows at the front of the house.
If the tenant fails to comply with Order 1 above, the tenancy at 9 Forth Street, Marchwiel, Timaru 7910 will terminate and the landlord will have immediate possession of the premises.

Reasons

The hearing was conducted by telephone. Only the landlord’s representative attended. Calls to the tenant at the time of the hearing went straight to voicemail.
The landlord has applied for a work order and termination of the tenancy if the work order is not complied with.
The tenancy started in June 2024. The premises consist of a section with a two- bedroom single story house on it.
When the tenancy started, there was a shed at the rear of the property and a low fence between the house and the fence with the neighbouring property 11 Forth Street. There were no other structures on the property, and it was tidy and free of rubbish.
During the tenancy, the tenant has made or permitted additions and alterations to the property. The low fence has been removed, a pallet and fencing or gate has been erected between the house the fence with 11 Forth Street, that fence has been raised by the addition of fencing on top of it, additions have been made to the shed and two spa pools have been placed at the rear of the property.
The tenant has also run extension cords to the shed and its additions, accumulated rubbish at the rear of the property and spray painted the words “Don’t Knock” on windows at the front of the house. Work Order
The landlord says that what the tenant has done, or permitted to be done, amounts to breaches of the tenancy agreement and the Residential Tenancies act 1986 (the Act). The landlord wants the breaches rectified.
Under s42(1) of the Act, a tenant must not make any alteration or addition to the premises unless it is authorised by the Act, or the landlord has given prior written consent.
The Act does not authorise the additions and alterations and the landlord has not given consent for them. The tenant did not seek the landlord’s consent for them.
Under s40(1)(c) of the Act, the tenant must keep the premises tidy.
Where the Tribunal finds that a party has failed to comply with their obligations it may make an order requiring that party to carry out the work to rectify the breach.
The additions and alterations to the premises, the accumulated rubbish and spray painting are all breaches of the tenancy agreement and the Act.
It is appropriate to make an order requiring the tenant to rectify these breaches. Conditional Termination
The Tribunal may terminate a tenancy for breach if, due to the nature or extent of the breach, it would be inequitable to refuse to terminate it. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
On 27 May 2025 the landlord served a 14-day notice on the tenant, but the breaches have not remedied. It would be inequitable to refuse to terminate the tenancy for the following reasons: - a. The breaches are substantial and serious, and they have significantly altered the appearance of the premises. b. The additions to the shed appear makeshift and are likely to be unsafe. c. Providing power to the shed and the additions to it is unsafe. d. The removal of the fence has allowed vehicles to be driven to the rear of the property and parked on the grass, damaging it. e. The spa pools do not comply with the relevant regulations regarding fencing or securing of pools and they are a potential danger. f. The rubbish is substantial and unsightly.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, the landlord is willing to allow the tenant the opportunity to rectify the breaches to avoid termination. I have therefore granted a conditional termination.
The landlord will determine whether the tenant has complied with the work order. The conditional termination order will lapse if the landlord determines that it has been fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach.
I note that the landlord has complained of other breaches such as cars parking at the rear of the property, cars parking on the grass at the front of the property and the grass not being cut.
The tenant has recently cut the grass and there are no longer cars parked at the rear of the property. The situation with cars parking on the grass at the front of the property has also improved and so I have made no order regarding these breaches.
The spray painting has occurred since the breach notice was served and I have included in this order relying on s85 of the Act which states that the Tribunal is not bound by strict legal forms or technicalities and can deal with applications according to the substantial merits and justice of the case.

Order

The tenant must carry out the following work to the premises, which must be completed by 8 December 2025: a. Remove the fencing/gate and pallet across the opening between the house and the fence with 11 Forth Street. b. Restore the low fence across the opening as it was at the start of the tenancy. c. Remove the additional fencing that has been added to the fence between the premises and 11 Forth Street. d. Remove the additions that have been made to the shed at the rear of the property. e. Remove the extension cords between the house and the outbuildings. f. Remove the two spa pools from the property. g. Remove all rubbish from the property and make it tidy. h. Remove the words painted on the windows at the front of the house.

If the tenant fails to comply with Order 1 above, the tenancy at 9 Forth Street, Marchwiel, Timaru 7910 will terminate and the landlord will have immediate possession of the premises.

Reasons

The hearing was conducted by telephone. Only the landlord’s representative attended. Calls to the tenant at the time of the hearing went straight to voicemail.

The landlord has applied for a work order and termination of the tenancy if the work order is not complied with.

The tenancy started in June 2024. The premises consist of a section with a two- bedroom single story house on it.

When the tenancy started, there was a shed at the rear of the property and a low fence between the house and the fence with the neighbouring property 11 Forth Street. There were no other structures on the property, and it was tidy and free of rubbish.

During the tenancy, the tenant has made or permitted additions and alterations to the property. The low fence has been removed, a pallet and fencing or gate has been erected between the house the fence with 11 Forth Street, that fence has been raised by the addition of fencing on top of it, additions have been made to the shed and two spa pools have been placed at the rear of the property.

The tenant has also run extension cords to the shed and its additions, accumulated rubbish at the rear of the property and spray painted the words “Don’t Knock” on windows at the front of the house. Work Order

The landlord says that what the tenant has done, or permitted to be done, amounts to breaches of the tenancy agreement and the Residential Tenancies act 1986 (the Act). The landlord wants the breaches rectified.

Under s42(1) of the Act, a tenant must not make any alteration or addition to the premises unless it is authorised by the Act, or the landlord has given prior written consent.

The Act does not authorise the additions and alterations and the landlord has not given consent for them. The tenant did not seek the landlord’s consent for them.

Under s40(1)(c) of the Act, the tenant must keep the premises tidy.

Where the Tribunal finds that a party has failed to comply with their obligations it may make an order requiring that party to carry out the work to rectify the breach.

The additions and alterations to the premises, the accumulated rubbish and spray painting are all breaches of the tenancy agreement and the Act.

It is appropriate to make an order requiring the tenant to rectify these breaches. Conditional Termination

The Tribunal may terminate a tenancy for breach if, due to the nature or extent of the breach, it would be inequitable to refuse to terminate it. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

On 27 May 2025 the landlord served a 14-day notice on the tenant, but the breaches have not remedied. It would be inequitable to refuse to terminate the tenancy for the following reasons: - a. The breaches are substantial and serious, and they have significantly altered the appearance of the premises. b. The additions to the shed appear makeshift and are likely to be unsafe. c. Providing power to the shed and the additions to it is unsafe. d. The removal of the fence has allowed vehicles to be driven to the rear of the property and parked on the grass, damaging it. e. The spa pools do not comply with the relevant regulations regarding fencing or securing of pools and they are a potential danger. f. The rubbish is substantial and unsightly.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, the landlord is willing to allow the tenant the opportunity to rectify the breaches to avoid termination. I have therefore granted a conditional termination.

The landlord will determine whether the tenant has complied with the work order. The conditional termination order will lapse if the landlord determines that it has been fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach.

I note that the landlord has complained of other breaches such as cars parking at the rear of the property, cars parking on the grass at the front of the property and the grass not being cut.

The tenant has recently cut the grass and there are no longer cars parked at the rear of the property. The situation with cars parking on the grass at the front of the property has also improved and so I have made no order regarding these breaches.

The spray painting has occurred since the breach notice was served and I have included in this order relying on s85 of the Act which states that the Tribunal is not bound by strict legal forms or technicalities and can deal with applications according to the substantial merits and justice of the case.

Tenancy Tribunal case 5310264 — 14-day notice at 9 Forth Street, Marchwiel, Timaru 7910

At a glance

Claims & awards

Tenancy Tribunal case 5310264 — 14-day notice at 9 Forth Street, Marchwiel, Timaru 7910

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.