What was Tenancy Tribunal case 5316764 about?

The tribunal order states: The Tribunal on its own initiative orders suppression of the Tenant’s name and

How much money was awarded in case 5316764?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5316764?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5316764?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12460071-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5316764 about?

The tribunal order states: The Tribunal on its own initiative orders suppression of the Tenant’s name and

How much money was awarded in case 5316764?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5316764?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5316764?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12460071-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5316764 — 14-day notice

Order

The Tribunal on its own initiative orders suppression of the Tenant’s name and the address of the tenancy.
The tenant must tidy the premises so that the premises are in a reasonably clean and tidy condition by 5.00pm on Friday 10 October 2025.
The landlord is to inspect the property to determine if Order 2 above has been complied within 5 working days immediately after 8 October 2025 to determine whether the property is in a reasonably clean and tidy condition. In doing so, the landlord must give the tenant at least 48 hours’ notice of the inspection date and time. If the tenant does not open the door at the time notified by the landlord for the inspection, the Tribunal orders that the landlord may enter using their master key.
If the tenant does not tidy the property as ordered in Order 2 above or refuses the landlord entry into the property the landlord may carry out all necessary work to tidy the property. In this event the tenant is to be given notice at least 24 hours’ notice of when the work will be done.
If there is a dispute between the landlord and the tenant as to whether the property is in a reasonably clean and tidy condition by 5.00pm on 10 October 2025, the landlord is to make an application to the Tribunal so that this issue can be to determined.
If order 2. above is breached the tenant will be liable for any reasonable costs incurred by the landlord in carrying out work to ensure the property is in a reasonably clean and tidy condition. The following conditions apply in relation to any costs claimed by the landlord from the tenant: a. The landlord must notify the tenant of the cost charged for the work within three weeks of the cost being incurred; b. If the tenant believes the costs are unreasonable she may apply to the Tribunal to determine the reasonable costs. c. Any application the tenant makes disputing the costs under 5.b above, must be made within one month of the landlord notifying the landlord of the amount the tenant has been charged.

Reasons

Ms Scott attended the hearing for the landlord. The hearing was held by telephone. The tenant was called on the number provided in the application but the call was not answered and a recorded message advised that the number called “is not accepting voice messages right now”.
I am satisfied that the tenant has received notice of the claim and the hearing therefore the hearing continued in her absence.
The landlord seeks a work order as it claims the tenant has breached the tenancy agreement as she has failed to keep the premises in a reasonably clean and tidy condition. The landlord is concerned that the amount of rubbish and belongings in the premises is at a level that the premises is rapidly becoming a health hazard and a potential fire risk.
The premises is a 1 bedroom unit in a group of units and is the middle unit of three attached units. There are also a number of other units close by but not attached to this unit.
The tenancy commenced in November 2019. In February 2025, the landlord in completing an inspection, became concerned about the rubbish and clutter inside the unit and discussed it with the tenant. At that time the tenant agreed to the landlord supporting her to remove the rubbish. However for various reasons, including that the tenant was not well, the tenant failed to engage with the landlord’s offer of support. The tenant did agree to accept external support from LinkPeople. However the tenant then failed to engage with LinkPeople.
Meanwhile contractors, arranged by the landlord to carry out work at the premises, advised the landlord they could not enter the property due to its poor condition, mainly that there was so much rubbish in the property.
The landlord has offered support at no cost to assist the tenant to remove rubbish, however the tenant has refused to engage with the landlord.

Should a work order be made?

Under section 40(1)(c) Residential Tenancies Act 1986 (RTA), a tenant must keep the premises reasonably clean and tidy.
After attempting to engage with the landlord and offer support to assist the tenant to comply with s 40(1)(c), on 25 June 2025 the landlord served the tenant with a 14 day notice to clean and tidy up the inside of the premises.
The landlord produced photographs taken at the inspection carried out on 31 July 2025 to determine whether the tenant had rectified the breach. The photographs show a significant amount of paper rubbish, cartoons, food wrappings and other rubbish in all rooms in the unit. I am satisfied from the landlord’s evidence that the amount of rubbish in the unit is increasing and becoming, or is already, a health hazard and a potential fire risk.
Under section 78, the Tribunal may make a work order where it finds the tenant has failed to comply with their obligations. A work order may authorise the landlord to undertake work and charge the tenant the costs of doing the work if the tenant fails to comply with the work order.
I find the tenant has failed to meet her obligations to keep the premises reasonably clean and tidy and that a work order is appropriate in the circumstances.
As ordered above, the tenant is to tidy the property inside of the property by 10 October 2025. If she fails to do so, the landlord may undertake the work themselves, and any reasonable costs must be paid by the tenant. If there is a dispute regarding whether the property is reasonably clean and tidy by 10 October the landlord is to file a further application and have the Tribunal determine whether the tenants obligation under s 40(1)(c) has been met or not.
The amount of any costs the landlord incurs which it intends to charge to the tenant must be made known to the tenant within one month of the expense being incurred. If the tenant does not believe the cost is reasonable, she may apply to the Tribunal to have the reasonable costs decided, however, if she decides to do that, any application must be made within one month of the landlord notifying the tenant.
The tenant has refused entry to the landlord in the past even though she has received the required notice under the RTA. Accordingly I have ordered (see Order 3 above) that the landlord, after giving at least 48 hours’ notice as required under s 48 to inspect the premises, is able to enter using their master key. That is, the tenant is not able to deny the landlord entry for this inspection. I bring to the tenant’s attention:
The landlord remains willing to support and assist the tenant to remove the rubbish from the property at no cost to the tenant on the condition that the tenant contacts the landlord before 8 October 2025 and asks for assistance, and then continues to engage with the landlord by answering calls and emails and answering the door when the landlord comes to the property (having communicated and given required notice to the tenant), and working to the landlord in terms of what needs to be removed from the premises. assist with the.
However if the tenant does not take the action set out in the paragraph above or makes contact and then refuses to engage the orders set out above apply. Suppression
The Tribunal of its own initiative, having regard to the interests of the parties and to the public interest, orders that the tenant’s name and the address of the premises are not to be published. In doing so I have considered the concerns regarding the tenant’s health raised by the landlord.
The landlord has not applied for suppression.

Order

The Tribunal on its own initiative orders suppression of the Tenant’s name and the address of the tenancy.
The tenant must tidy the premises so that the premises are in a reasonably clean and tidy condition by 5.00pm on Friday 10 October 2025.
The landlord is to inspect the property to determine if Order 2 above has been complied within 5 working days immediately after 8 October 2025 to determine whether the property is in a reasonably clean and tidy condition. In doing so, the landlord must give the tenant at least 48 hours’ notice of the inspection date and time. If the tenant does not open the door at the time notified by the landlord for the inspection, the Tribunal orders that the landlord may enter using their master key.
If the tenant does not tidy the property as ordered in Order 2 above or refuses the landlord entry into the property the landlord may carry out all necessary work to tidy the property. In this event the tenant is to be given notice at least 24 hours’ notice of when the work will be done.
If there is a dispute between the landlord and the tenant as to whether the property is in a reasonably clean and tidy condition by 5.00pm on 10 October 2025, the landlord is to make an application to the Tribunal so that this issue can be to determined.
If order 2. above is breached the tenant will be liable for any reasonable costs incurred by the landlord in carrying out work to ensure the property is in a reasonably clean and tidy condition. The following conditions apply in relation to any costs claimed by the landlord from the tenant: a. The landlord must notify the tenant of the cost charged for the work within three weeks of the cost being incurred; b. If the tenant believes the costs are unreasonable she may apply to the Tribunal to determine the reasonable costs. c. Any application the tenant makes disputing the costs under 5.b above, must be made within one month of the landlord notifying the landlord of the amount the tenant has been charged.

Reasons

Ms Scott attended the hearing for the landlord. The hearing was held by telephone. The tenant was called on the number provided in the application but the call was not answered and a recorded message advised that the number called “is not accepting voice messages right now”.
I am satisfied that the tenant has received notice of the claim and the hearing therefore the hearing continued in her absence.
The landlord seeks a work order as it claims the tenant has breached the tenancy agreement as she has failed to keep the premises in a reasonably clean and tidy condition. The landlord is concerned that the amount of rubbish and belongings in the premises is at a level that the premises is rapidly becoming a health hazard and a potential fire risk.
The premises is a 1 bedroom unit in a group of units and is the middle unit of three attached units. There are also a number of other units close by but not attached to this unit.
The tenancy commenced in November 2019. In February 2025, the landlord in completing an inspection, became concerned about the rubbish and clutter inside the unit and discussed it with the tenant. At that time the tenant agreed to the landlord supporting her to remove the rubbish. However for various reasons, including that the tenant was not well, the tenant failed to engage with the landlord’s offer of support. The tenant did agree to accept external support from LinkPeople. However the tenant then failed to engage with LinkPeople.
Meanwhile contractors, arranged by the landlord to carry out work at the premises, advised the landlord they could not enter the property due to its poor condition, mainly that there was so much rubbish in the property.
The landlord has offered support at no cost to assist the tenant to remove rubbish, however the tenant has refused to engage with the landlord.

Should a work order be made?

Under section 40(1)(c) Residential Tenancies Act 1986 (RTA), a tenant must keep the premises reasonably clean and tidy.
After attempting to engage with the landlord and offer support to assist the tenant to comply with s 40(1)(c), on 25 June 2025 the landlord served the tenant with a 14 day notice to clean and tidy up the inside of the premises.
The landlord produced photographs taken at the inspection carried out on 31 July 2025 to determine whether the tenant had rectified the breach. The photographs show a significant amount of paper rubbish, cartoons, food wrappings and other rubbish in all rooms in the unit. I am satisfied from the landlord’s evidence that the amount of rubbish in the unit is increasing and becoming, or is already, a health hazard and a potential fire risk.
Under section 78, the Tribunal may make a work order where it finds the tenant has failed to comply with their obligations. A work order may authorise the landlord to undertake work and charge the tenant the costs of doing the work if the tenant fails to comply with the work order.
I find the tenant has failed to meet her obligations to keep the premises reasonably clean and tidy and that a work order is appropriate in the circumstances.
As ordered above, the tenant is to tidy the property inside of the property by 10 October 2025. If she fails to do so, the landlord may undertake the work themselves, and any reasonable costs must be paid by the tenant. If there is a dispute regarding whether the property is reasonably clean and tidy by 10 October the landlord is to file a further application and have the Tribunal determine whether the tenants obligation under s 40(1)(c) has been met or not.
The amount of any costs the landlord incurs which it intends to charge to the tenant must be made known to the tenant within one month of the expense being incurred. If the tenant does not believe the cost is reasonable, she may apply to the Tribunal to have the reasonable costs decided, however, if she decides to do that, any application must be made within one month of the landlord notifying the tenant.
The tenant has refused entry to the landlord in the past even though she has received the required notice under the RTA. Accordingly I have ordered (see Order 3 above) that the landlord, after giving at least 48 hours’ notice as required under s 48 to inspect the premises, is able to enter using their master key. That is, the tenant is not able to deny the landlord entry for this inspection. I bring to the tenant’s attention:
The landlord remains willing to support and assist the tenant to remove the rubbish from the property at no cost to the tenant on the condition that the tenant contacts the landlord before 8 October 2025 and asks for assistance, and then continues to engage with the landlord by answering calls and emails and answering the door when the landlord comes to the property (having communicated and given required notice to the tenant), and working to the landlord in terms of what needs to be removed from the premises. assist with the.
However if the tenant does not take the action set out in the paragraph above or makes contact and then refuses to engage the orders set out above apply. Suppression
The Tribunal of its own initiative, having regard to the interests of the parties and to the public interest, orders that the tenant’s name and the address of the premises are not to be published. In doing so I have considered the concerns regarding the tenant’s health raised by the landlord.
The landlord has not applied for suppression.

Tenancy Tribunal case 5316764 — 14-day notice

At a glance

Tenancy Tribunal case 5316764 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should a work order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a work order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions