Published tribunal order
Tenancy Tribunal case 5386565 — 14-day notice at 30 Princes Street, Levin, Levin 5510
Decided 9 Jan 2026 · Published 9 Jan 2026 · Application 5386565
- 14-day notice
- Smoke alarms
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
- The tenant must carry out the following work to the premises, which must be completed by 5 February 2026: a. Remove all building materials, such as wood, rubbish, scrap metal and recyclable items from the property. b. Remove the dismantled shed that the tenant brought onto the property.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $5000.00 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 $5000.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Both parties attended the hearing.
Should a conditional termination order be made?
- The Tribunal may terminate a tenancy for breach were, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. 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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to keep the property reasonably clean and tidy. In June 2025 and September 2025, the landlord served 14-day notices on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy given notices from the landlord and complaints from the local council and neighbours.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will clean the property within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- The landlord claims that the tenant has been storing rubbish, scrap metal, building materials, recyclable items, dismantled old shed, trailers and bins on the property. 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?
- The Tribunal finds that the tenant has breached their obligations under section 40(1)(c) of the Residential Tenancies Act 1986 and the tenancy agreement by failing to remove building materials, dismantled shed, rubbish, scrap metal and recyclable items from the premises. Accordingly, the tenancy is terminated on a conditional basis under section 78(1)(e) of the Act.
- The landlord agrees that the tenant may keep his trailers on the property providing they do not store or contain any materials such as named in paragraph 11 of this order. The landlord would prefer that the trailers were kept at the rear of the property.
- The landlord agrees that the tenant may keep his two large yellow bins on the property , that he intends to use for a vegetable garden. The landlord would prefer the two yellow bins were kept at the rear of the property and do not store or contain any materials such as named in paragraph 11 of this order.
- The termination will take effect 31 days from the date of this order unless, within that period, the tenant removes all building materials, the dismantled shed, scrap metal, rubbish, and recyclable items from the premises, including the yard, garage, shed and leaves the premises in a reasonably clean and tidy condition.
- If the tenant complies with these conditions within the specified timeframe, the tenancy may continue.
- If the tenant fails to comply, the tenancy will terminate, and the landlord may apply for possession.