What was Tenancy Tribunal case 5338681 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 5338681?

Undertake The Work And Charge The Te…: $690.00 awarded to landlord

What type of tenancy dispute was case 5338681?

The dispute type was not classified.

Where can I read the official tribunal order for case 5338681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12611716-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5338681 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 5338681?

Undertake The Work And Charge The Te…: $690.00 awarded to landlord

What type of tenancy dispute was case 5338681?

The dispute type was not classified.

Where can I read the official tribunal order for case 5338681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12611716-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 62A Banks Road, Mount Wellington, Auckland Tenancy Tribunal Case 5338681 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 5338681. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
undertake the work and charge the tenant the costs of this work up to	$690.00		undertake the work and charge the tenant the costs of this work up to

The tenant must carry out the following work to the premises, which must be completed by Friday 21 November 2025: a. Remove the structure erected at the rear of the premises including any extensions, sheds or storage units; dispose of all construction materials and other inorganic items used to erect the structure and or which is stored on the property.

If the tenant fails to comply with Order 1a above, then the landlord may undertake the work and charge the tenant the costs of this work up to $690. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the telephone hearing with Ms Thompson-Wise representing the landlord.

The landlord claims that the tenant has erected a large structure at the rear of the premises which is attached to the house without the landlord’s permission and is unsightly and unsafe. The landlord wants the structure removed.

Section 42 Residential Tenancies Act 1986 (RTA) provides : (1) The tenant shall not affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, except— (a) in accordance with the tenancy agreement; or (b) with the prior written consent of the landlord. (2) The landlord shall not withhold that consent unreasonably.

Where the Tribunal finds the tenant has failed to comply with these obligations, by altering the premises without permission, it may make an order for the tenant to carry out the work required to remove the alterations. See s 78(1)(e) RTA.

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, that relates to a failure to comply with any requirement relating to health or safety under any enactment. An example would be any requirements regarding erection of buildings and structures under the Building Act 2004 including any local authority consent requirements. See sections 78(2) and 78(2AA) RTA.

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) RTA.

Has the tenant failed to comply with their obligations?

I am satisfied on the evidence produced by the landlord, including photos, that the tenant has erected a large wooden structure in the back yard of the premises which is likely in breach of Building Act and local authority consent requirements. It has also been erected without the landlord’s permission. Accordingly, the structure must be removed by the tenant and work orders are made accordingly.

An alternative money order is not appropriate because the work order relates to a failure to comply with health or safety requirements under Building Act and local authority consent rules.

Should the tenant fail to comply with the work order, the landlord is authorised to undertake the work and charge the tenant the costs of doing so up to a limit of $690 as set out in a quote obtained by the landlord for the work.

Claims and awards in Tenancy Tribunal application 5338681. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
undertake the work and charge the tenant the costs of this work up to	$690.00		undertake the work and charge the tenant the costs of this work up to

Order

The tenant must carry out the following work to the premises, which must be completed by Friday 21 November 2025: a. Remove the structure erected at the rear of the premises including any extensions, sheds or storage units; dispose of all construction materials and other inorganic items used to erect the structure and or which is stored on the property.
If the tenant fails to comply with Order 1a above, then the landlord may undertake the work and charge the tenant the costs of this work up to $690. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the telephone hearing with Ms Thompson-Wise representing the landlord.
The landlord claims that the tenant has erected a large structure at the rear of the premises which is attached to the house without the landlord’s permission and is unsightly and unsafe. The landlord wants the structure removed.
Section 42 Residential Tenancies Act 1986 (RTA) provides : (1) The tenant shall not affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, except— (a) in accordance with the tenancy agreement; or (b) with the prior written consent of the landlord. (2) The landlord shall not withhold that consent unreasonably.
Where the Tribunal finds the tenant has failed to comply with these obligations, by altering the premises without permission, it may make an order for the tenant to carry out the work required to remove the alterations. See s 78(1)(e) RTA.
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, that relates to a failure to comply with any requirement relating to health or safety under any enactment. An example would be any requirements regarding erection of buildings and structures under the Building Act 2004 including any local authority consent requirements. See sections 78(2) and 78(2AA) RTA.
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) RTA.

Has the tenant failed to comply with their obligations?

I am satisfied on the evidence produced by the landlord, including photos, that the tenant has erected a large wooden structure in the back yard of the premises which is likely in breach of Building Act and local authority consent requirements. It has also been erected without the landlord’s permission. Accordingly, the structure must be removed by the tenant and work orders are made accordingly.
An alternative money order is not appropriate because the work order relates to a failure to comply with health or safety requirements under Building Act and local authority consent rules.
Should the tenant fail to comply with the work order, the landlord is authorised to undertake the work and charge the tenant the costs of doing so up to a limit of $690 as set out in a quote obtained by the landlord for the work.

Tenancy Tribunal case 5338681 — Tenancy dispute at Unit/Flat 8, 62A Banks Road, Mount Wellington, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 5338681 — Tenancy dispute at Unit/Flat 8, 62A Banks Road, Mount Wellington, Auckland

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

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions