What was Tenancy Tribunal case 5324762 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 5324762?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5324762?

The dispute type was not classified.

Where can I read the official tribunal order for case 5324762?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12526488-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5324762 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 5324762?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5324762?

The dispute type was not classified.

Where can I read the official tribunal order for case 5324762?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12526488-Tenancy_Tribunal_Order.pdf.

12 Watarawi Place, Whakatane, Whakatane 3120 Tenancy Tribunal Case 5324762 — Tenancy dispute

Order

The tenant must carry out the following work to the premises, which must be completed by 4.pm on Wednesday 22 October 2025. a. The tenant must arrange for the permanent removal of the unconsented cabin situated at the tenancy address.

This matter is determined as indicated by the orders above, but the landlord is granted a period of three months within which, if the unconsented cabin has not permanently been removed by the tenant, they can request that the application be brought back before to the Tribunal and the matter will be re-opened.

Reasons

The landlord attended the remote hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. Those calls were not responded to. The landlord provided a further telephone number for the tenant ending in the numbers 893. A call to that number went directly to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given to the tenant.

The landlord claims that the tenant has located a cabin on the tenancy premises without obtaining the landlord’s prior written consent.

The tenant did respectively seek approval from the landlord for the erection of the cabin on 5 November 2024. The application was considered, but was declined by the landlord.

This tenant’s actions are a breach of the tenancy agreement, as the installation of a structure of this nature is more than a minor change and requires landlord approval.

The cabin does not comply with local authority bylaws, being sited too close to the property boundary, in breach of the setback requirements. A cabin must be at least the distance of its height away from the boundary. Photographs provided by the landlord show that the cabin does not comply with that bylaw.

The cabin is connected to the main house power supply via an electrical cable run through a window.

The cabin lacks any form of stormwater management which increases the risk of water damage, erosion and does not comply with the local council's drainage regulations.

The tenant had agreed to remove the cabin on two previous occasions. The cabin remains at the premises.

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 that 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.

Has the tenant failed to comply with their obligations?

The tenant has installed a cabin without first obtaining the prior written consent of the landlord. The cabin is non-compliant with council bylaws. Despite the tenant’s assertion that the cabin would be removed, it remains in place.

The Tribunal orders the tenant to have the cabin permanently removed by no later than 4:00 PM on Wednesday 22 October 2025.

If the cabin has not been removed by that time, the landlord may make an application to have this matter brought back before the Tribunal

Order

The tenant must carry out the following work to the premises, which must be completed by 4.pm on Wednesday 22 October 2025. a. The tenant must arrange for the permanent removal of the unconsented cabin situated at the tenancy address.
This matter is determined as indicated by the orders above, but the landlord is granted a period of three months within which, if the unconsented cabin has not permanently been removed by the tenant, they can request that the application be brought back before to the Tribunal and the matter will be re-opened.

Reasons

The landlord attended the remote hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. Those calls were not responded to. The landlord provided a further telephone number for the tenant ending in the numbers 893. A call to that number went directly to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given to the tenant.
The landlord claims that the tenant has located a cabin on the tenancy premises without obtaining the landlord’s prior written consent.
The tenant did respectively seek approval from the landlord for the erection of the cabin on 5 November 2024. The application was considered, but was declined by the landlord.
This tenant’s actions are a breach of the tenancy agreement, as the installation of a structure of this nature is more than a minor change and requires landlord approval.
The cabin does not comply with local authority bylaws, being sited too close to the property boundary, in breach of the setback requirements. A cabin must be at least the distance of its height away from the boundary. Photographs provided by the landlord show that the cabin does not comply with that bylaw.
The cabin is connected to the main house power supply via an electrical cable run through a window.
The cabin lacks any form of stormwater management which increases the risk of water damage, erosion and does not comply with the local council's drainage regulations.
The tenant had agreed to remove the cabin on two previous occasions. The cabin remains at the premises.
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 that 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.

Has the tenant failed to comply with their obligations?

The tenant has installed a cabin without first obtaining the prior written consent of the landlord. The cabin is non-compliant with council bylaws. Despite the tenant’s assertion that the cabin would be removed, it remains in place.
The Tribunal orders the tenant to have the cabin permanently removed by no later than 4:00 PM on Wednesday 22 October 2025.
If the cabin has not been removed by that time, the landlord may make an application to have this matter brought back before the Tribunal

Tenancy Tribunal case 5324762 — Tenancy dispute at 12 Watarawi Place, Whakatane, Whakatane 3120

At a glance

Claims & awards

Tenancy Tribunal case 5324762 — Tenancy dispute at 12 Watarawi Place, Whakatane, Whakatane 3120

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.