Tenantcheck Insights · Case study
Tenancy Tribunal case 5408228 — Smoke alarms at 99 Paihia Road, One Tree Hill, Auckland 1061
Decided 10 March 2026 · Published 10 March 2026 · Application 5408228
- Smoke alarms
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
R Harvey-Lane
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| her Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to | $1,300.00 | her Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to |
Claims and awards for application 5408228. Verify on MoJ.
her Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to
- Amount
- $1,300.00
- Awarded to
- Landlord
- Reason
- her Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to
Order
- The tenant must mow the front and back lawns at the tenancy address by 24 March 2026.
- As an alternative to compliance with Order 1, the tenant must pay the landlord $1,264.00 immediately.
- If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $1,300.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The landlord attended the video hearing. The tenant did not attend, and the hearing proceeded in her absence.
- The landlord claims that the tenant has not kept the lawns at the property reasonably tidy, and they are very overgrown. The landlord wants the problem fixed.
- Under section 40(1)(a)-(e), Residential Tenancies Act 1986 (RTA), 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) 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, in relation to smoke alarms. 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?
- The landlord has provided photographs of the lawns and correspondence sent to the tenant requiring works to be carried out.
- On review of the evidence, I am satisfied that the tenant has not kept the lawns reasonably tidy, despite being given several opportunities to do so.
- The landlord has provided a quote for the lawn mowing work of $1,099.33 excluding GST (total $1,264.00). The tenant has until 24 March 2026 to carry out the work or make payment of the estimated amount. Failing that, the landlord can carry out the front and back lawn works and then charge no more than $1,300.00 to the tenant for this work. R Harvey-Lane 10 March 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40(1), s78(1), s78(2), s78(2AAB)
Key findings
- Dispute theme: smoke alarms
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5408228?
The tribunal order states: The tenant must mow the front and back lawns at the tenancy address by 24
How much money was awarded in case 5408228?
Her Order 1 Or 2 Above, Then The Lan…: $1,300.00 awarded to landlord
What type of tenancy dispute was case 5408228?
The primary dispute was Smoke alarms.
Where can I read the official tribunal order for case 5408228?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13254763-Tribunal_Order.pdf.