Published tribunal order
Tenancy Tribunal case 5467289 — Smoke alarms at 1215 Taita Drive, Taita, Lower Hutt 5011
Published 22 April 2026 · Application 5467289
Mixed / unclear
- Smoke alarms
Order
- The tenant must remove all rubbish from outside the premises including rubbish bags, mattresses, a fridge, metal frames, shelving and a bed base leaving the premises in a reasonably clean and tidy condition by 5 pm Wednesday 6 May 2026.
- As an alternative to compliance with Order 1, the tenant must pay the landlord $1,600.00 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 $1,600.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The landlord attended the video hearing.
- The landlord provided photographic evidence that the grounds of the premises have accumulated a significant amount of rubbish and discarded household goods.
- The landlord gave evidence that it has tried to engage with the tenant to have the required work completed. It issued a notice of breach letter on 16 October 2025 requiring the tenant to remove all rubbish from the exterior of the property by 5 November 2025.
- Where the Tribunal finds the tenant has failed to comply with any of these obligations, 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.
- On the evidence before the Tribunal it is satisfied that the tenant is in breach of her obligation to keep the premises reasonably clean and tidy under section 40(1)(c) Residential Tenancies Act 1986 (“RTA”).
- The landlord provided a quotation from a third party contractor for the costs of removing the rubbish and other items. Based on invoices the Tribunal regularly sees for work of this nature in this area, the Tribunal accepts that the amount quoted is reasonable.
- Having found that the tenant has breached section 40(1)(c) RTA by failing to keep the grounds reasonably clean and tidy, the Tribunal makes the work order set out above.