Tenantcheck Insights · Case study
Tenancy Tribunal case 5403719 — 14-day notice at 6 Pushon Place, Clendon Park, Auckland 2103
Decided 3 February 2026 · Published 3 February 2026 · Application 5403719
Mixed / unclear
- 14-day notice
- Smoke alarms
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
A Aiolupotea
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| paint the kitchen entry way to its original condition 2. As an alternative to compliance with Order 2, the tenant must p | $10,000.00 | paint the kitchen entry way to its original condition 2. As an alternative to compliance with Order 2, the tenant must p |
Claims and awards for application 5403719. Verify on MoJ.
paint the kitchen entry way to its original condition 2. As an alternative to compliance with Order 2, the tenant must p
- Amount
- $10,000.00
- Awarded to
- Landlord
- Reason
- paint the kitchen entry way to its original condition 2. As an alternative to compliance with Order 2, the tenant must p
Order
- The tenant must carry out the following work to the premises, which must be completed by Friday 27 February 2026: a) Reinstate the bathroom floor to its original condition b) Reinstate the toilet floor to its original condition c) Reinstate the kitchen cabinetry to its original condition d) Fill in the hole/pond under the deck with soil, reinstating it to its original condition e) Remove and dispose of all inorganic rubbish in the exterior of the property f) Fix the holes in the lounge room floor g) Reinstate and paint the laundry room and ceiling back to its original condition h) Reinstate and paint the kitchen entry way to its original condition
- As an alternative to compliance with Order 2, the tenant must pay the landlord $10,000.00 immediately.
- If the tenant fails to comply with either Order 1 or 2 above, then the tenancy of Tamati Shamus Willa Paniora at 6 Pushon Place, Clendon Park, Auckland 2103 is terminated and possession shall be granted to the Landlord at 12pm on Friday 27 February 2026.
Reasons
- The Landlord attended the hearing. The Tenant did not attend.
- The landlord claims that the tenant has undertaken renovations on the property which were not consented to by the Landlord. 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 Tenant has made multiple extensive alterations to the property which includes: a) Painting the kitchen, bedrooms and dining area b) Collected organic rubbish in the exterior c) Removed carpet d) Changed the flooring e) Dug holes in the garden
- The Landlord conducted an annual inspection in May 2025 and noted there were extensive alterations to the property. The parties had a meeting in August 2025 where the Tenant agreed to provide access to the Assets Manager however when the Assets Manager attended the property, the Tenant refused access. Photographs were provided of the property. A breach notice was issued to the Tenant on 10 September 2025 requesting the Tenant return the property to its original condition. This was not remedied by the Tenant by the 26 September 2025. The Landlord submitted that the alterations were so extensive there was concerns that the structural integrity of the property could be compromised, the weather tightness might be impacted and the pond was non- compliant with Council regulations. The alterations were not minor and therefore the Landlord has sought termination should the Tenant fail to comply with the work order. The issue had been ongoing for months. The Landlord provided photographs of the property alterations taken on 26 November 2025. The Landlord claimed the costs to return the property to the original condition was over $10,000.00.
- Section 56 (1) RTA provides on an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that— (a) the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b) in the case of a breach capable of remedy,— (i) the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii) the other party failed to remedy the default within the required period; and (c) that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
- In considering the evidence, I find the Tenant has breached their obligations by making alterations to the property without the Landlords consent. I accept that the alterations may affect the structural integrity and it has been months since the Tenant was notified to return the property to its original condition. The Tenant was provided with a breach notice on 10 September 2025 and failed to comply by 26 September 2025. For this reason, if the Tenant does not comply with the work order by 27 February 2026, the tenancy shall be terminated pursuant to section 56 RTA.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s56, s78(1), s78(2), s78(2AAB)
Key findings
- Dispute theme: termination 14day
- Dispute theme: smoke alarms
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5403719?
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 5403719?
Paint The Kitchen Entry Way To Its O…: $10,000.00 awarded to landlord
What type of tenancy dispute was case 5403719?
The primary dispute was 14-day notice. Related themes: Smoke alarms.
Where can I read the official tribunal order for case 5403719?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13067296-Tenancy_Tribunal_Order.pdf.