Tenantcheck Insights · Case study
Tenancy Tribunal case 5412310 — 14-day notice at 504F Great South Road, Papatoetoe, Auckland 2025
Decided 13 February 2026 · Published 13 February 2026 · Application 5412310
- 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
M Pollak
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| ders 1(a) and (b) above, then the landlord may undertake the work and charge the tenant the costs of this work up to | $500.00 | ders 1(a) and (b) above, then the landlord may undertake the work and charge the tenant the costs of this work up to |
Claims and awards for application 5412310. Verify on MoJ.
ders 1(a) and (b) above, then the landlord may undertake the work and charge the tenant the costs of this work up to
- Amount
- $500.00
- Awarded to
- Landlord
- Reason
- ders 1(a) and (b) above, then the landlord may 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 Monday 2 March 2026: a. Remove all inorganic and any organic rubbish from dining room and balcony areas; and b. Declutter the dining room and balcony areas.
- If the tenant fails to comply with Orders 1(a) and (b) above, then the landlord may undertake the work and charge the tenant the costs of this work up to $500.00. This cost may be treated as rent in arrears and enforced accordingly.
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
- The landlord claims that the tenant has refused to clear the dining and balcony areas of rubbish and clutter despite being issued with 14 day notices to remedy on 15 July 2025 and 28 November 2025. 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 landlord has provided evidence that the tenant has refused to clear the dining and balcony areas of rubbish and clutter, despite being issued with 14- day notices to remedy on 15 July 2025 and 28 November 2025 and getting support from a friend and Catholic Social Services.
- If the tenant fails to clear the dining and balcony areas of rubbish and clutter by Monday 2 March 2026, then the landlord may undertake the work and charge the tenant the costs of this work up to $500.00. This cost may be treated as rent in arrears and enforced accordingly.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s1, s40(1), 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 5412310?
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 5412310?
Ders 1(A) And (B) Above, Then The La…: $500.00 awarded to landlord
What type of tenancy dispute was case 5412310?
The primary dispute was 14-day notice. Related themes: Smoke alarms.
Where can I read the official tribunal order for case 5412310?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13121833-Tenancy_Tribunal_Order.pdf.