What was Tenancy Tribunal case 5438289 about?

The tribunal order states: The tenant must carry out the following work to the premises:

How much money was awarded in case 5438289?

Work And Charge The Tenant The Costs…: $4,000.00 awarded to landlord

What type of tenancy dispute was case 5438289?

The primary dispute was Rent arrears. Related themes: 14-day notice, Cleanliness.

Where can I read the official tribunal order for case 5438289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13259060-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5438289 about?

The tribunal order states: The tenant must carry out the following work to the premises:

How much money was awarded in case 5438289?

Work And Charge The Tenant The Costs…: $4,000.00 awarded to landlord

What type of tenancy dispute was case 5438289?

The primary dispute was Rent arrears. Related themes: 14-day notice, Cleanliness.

Where can I read the official tribunal order for case 5438289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13259060-Tenancy_Tribunal_Order.pdf.

Unit/Flat Apartment 203, 314 Taranaki Street, Mount Cook, Tenancy Tribunal Case 5438289 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5438289. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
work and charge the tenant the costs of this work up to	$4,000.00		work and charge the tenant the costs of this work up to

The tenant must carry out the following work to the premises: a. Remove all belongings and furniture from the shared hallway outside the unit and this must be completed by 11.59 pm on Wednesday 11 March 2026. b. Remove all belongings that cannot be properly stored in the unit including the piles of clothing, boxes, bags, buckets, rubbish, empty bottles and containers etc that are currently piled on the floor and around the unit and this must be done by 11.59 pm on Tuesday 24 March 2026. c. Tidy the unit so the kitchen, bathroom, living area and bedroom are clear of excessive belongings and can be used as intended and this must be done by 11.59 pm on Tuesday 24 March 2026. d. Clean the unit to a reasonably clean and tidy standard and this must be done by 11.59 pm on Tuesday 24 March 2026.

If the tenant fails to comply with Order 1, then the landlord may undertake the work and charge the tenant the costs of this work up to $4000. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing.

The landlord claims that the tenant has too many belongings in the unit and belongings in the shared hallway which is outside the unit. The landlord wants the problem fixed.

Under section 40(1)(c) Residential Tenancies Act 1986 (RTA), a tenant must keep the tenancy premises in a reasonably clean and reasonably tidy condition Where the Tribunal finds the tenant has failed to comply with section 40(1)(c) I can make an order for the tenant to carry out the work. See section 78(1)(e) RTA.

The landlord has taken photos of the unit and I find the unit is not reasonably clean or reasonably tidy. The tenant has an excessive amount of personal belongings in the unit and these are piled high in all the rooms. It seems most likely to me the tenant cannot access the kitchen. There are so many belongings in piles that it is impossible for the landlord to properly check the unit for cleanliness and for maintenance.

The landlord has served two 14 day notices requiring the tenant to remove his belongings from the shared hallway and the unit. The tenant has not complied with the notices. I find I should make a work order.

I find the tenant storing belongings in the shared hallway is a serious safety breach. This is because the hallway will have to be used as an escape route if there is a fire or other emergency. The belongings in the shared hallway must be removed by 11.59 pm on Wednesday 11 March 2026.

I find the tenant can have more time to return the unit to a reasonable condition and I have allowed two weeks. The tenant must remove all belongings that cannot be properly stored in the unit including the piles of clothing, boxes, bags, buckets, rubbish, empty bottles and containers etc that are currently piled on the floor and around the unit.

I have not made a monetary order as an alternative to compliance because there are safety concerns for the tenant and for the other tenants in the complex. See sections 78(2) and 78(2AA) RTA.

I 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. The monetary limit imposed by the Tribunal is a maximum of $4000. These costs can be treated as rent arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) RTA.

The tenant should be aware that the landlord could file another application for termination of the tenancy because of this breach.

The landlord has asked for suppression. There are applications for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. The application for suppression is not allowed because there is public interest in social housing. There is public interest in the tenant’s name.

Claims and awards in Tenancy Tribunal application 5438289. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
work and charge the tenant the costs of this work up to	$4,000.00		work and charge the tenant the costs of this work up to

Order

The tenant must carry out the following work to the premises: a. Remove all belongings and furniture from the shared hallway outside the unit and this must be completed by 11.59 pm on Wednesday 11 March 2026. b. Remove all belongings that cannot be properly stored in the unit including the piles of clothing, boxes, bags, buckets, rubbish, empty bottles and containers etc that are currently piled on the floor and around the unit and this must be done by 11.59 pm on Tuesday 24 March 2026. c. Tidy the unit so the kitchen, bathroom, living area and bedroom are clear of excessive belongings and can be used as intended and this must be done by 11.59 pm on Tuesday 24 March 2026. d. Clean the unit to a reasonably clean and tidy standard and this must be done by 11.59 pm on Tuesday 24 March 2026.
If the tenant fails to comply with Order 1, then the landlord may undertake the work and charge the tenant the costs of this work up to $4000. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing.
The landlord claims that the tenant has too many belongings in the unit and belongings in the shared hallway which is outside the unit. The landlord wants the problem fixed.
Under section 40(1)(c) Residential Tenancies Act 1986 (RTA), a tenant must keep the tenancy premises in a reasonably clean and reasonably tidy condition Where the Tribunal finds the tenant has failed to comply with section 40(1)(c) I can make an order for the tenant to carry out the work. See section 78(1)(e) RTA.
The landlord has taken photos of the unit and I find the unit is not reasonably clean or reasonably tidy. The tenant has an excessive amount of personal belongings in the unit and these are piled high in all the rooms. It seems most likely to me the tenant cannot access the kitchen. There are so many belongings in piles that it is impossible for the landlord to properly check the unit for cleanliness and for maintenance.
The landlord has served two 14 day notices requiring the tenant to remove his belongings from the shared hallway and the unit. The tenant has not complied with the notices. I find I should make a work order.
I find the tenant storing belongings in the shared hallway is a serious safety breach. This is because the hallway will have to be used as an escape route if there is a fire or other emergency. The belongings in the shared hallway must be removed by 11.59 pm on Wednesday 11 March 2026.
I find the tenant can have more time to return the unit to a reasonable condition and I have allowed two weeks. The tenant must remove all belongings that cannot be properly stored in the unit including the piles of clothing, boxes, bags, buckets, rubbish, empty bottles and containers etc that are currently piled on the floor and around the unit.
I have not made a monetary order as an alternative to compliance because there are safety concerns for the tenant and for the other tenants in the complex. See sections 78(2) and 78(2AA) RTA.
I 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. The monetary limit imposed by the Tribunal is a maximum of $4000. These costs can be treated as rent arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) RTA.
The tenant should be aware that the landlord could file another application for termination of the tenancy because of this breach.
The landlord has asked for suppression. There are applications for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. The application for suppression is not allowed because there is public interest in social housing. There is public interest in the tenant’s name.

Tenancy Tribunal case 5438289 — Rent arrears at Unit/Flat Apartment 203, 314 Taranaki Street, Mount Cook,

At a glance

Tenancy Tribunal case 5438289 — Rent arrears at Unit/Flat Apartment 203, 314 Taranaki Street, Mount Cook,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions