How much money was awarded in case 5494532?

This Work Up To: $300.00 awarded to landlord

What type of tenancy dispute was case 5494532?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5494532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13765145-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5494532?

This Work Up To: $300.00 awarded to landlord

What type of tenancy dispute was case 5494532?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5494532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13765145-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5494532 — 14-day notice

Q: What was Tenancy Tribunal case 5494532 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

Tenantcheck Insights

Order

The Tribunal orders suppression of the tenant’s name and identifying details.

The tenant must carry out the following work to the premises, which must be completed by Tuesday 14 July 2026: a. Remove shipping container from property.

If the tenant fails to comply with either Order 2 above, then the landlord may arrange for removal of the shipping container and charge the tenant the costs of this work up to $ 300.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Mr van Gent appeared for the landlord. The tenant appeared and was assisted by their son in law.

On 30 January 2026, the landlord issued a 14 day notice to remove a shipping container from the front lawn of the property which had been placed there without the landlord’s consent.

The landlord states that the tenant has failed to remove the container. They state that the tenant has advised that, for financial reasons, they will be unable to remove the container until November / December 2026.

The landlord states this is unreasonable and, on 21 April 2026, filed an application seeking a work order to remove the container.

The landlord states that the tenant has breached the provisions of the Act by making an addition to the premises, in this case, placing the container on the lawn, without the landlord’s consent.

Photographs of the container and its location at the property have been provided, along with the 14-day notice and written submissions by the landlord.

Initially, the tenant told the Tribunal that the container had been at the property for two or three years and was used to store belongings. They acknowledged receipt of the notice but confirmed they would be unable to remove the container until November / December 2026.

English is not the tenant’s first language. During the hearing, the tenant’s son in law joined and explained that there may have been a misunderstanding, and that the tenant would comply with any direction to remove the container as soon as possible.

Initially, I considered adjourning the matter to allow the tenant the opportunity to remove the container without an order being made. However, I was persuaded by the landlord to proceed and make an order along with a modest monetary order in the alternative. Law

Section 42(1) of the Residential Tenancies Act 1986 (Act) states: 42 Tenant’s fixtures, etc (1) The tenant shall not affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, except— (a) in accordance with the tenancy agreement; or (b) with the prior written consent of the landlord (see section 42A).

Premises are defined in section 2(1) of the Act as including any land included under the tenancy.

Where the Tribunal finds that the tenant has failed to comply with an obligation under the Act, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) of the Act.

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.

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 fails 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) of the Act. Analysis and decision

In this case, I am satisfied that placing the storage container on the property is an addition made to the premises without the consent of the landlord and is a breach of section 42(1)(b) of the Act.

The landlord has issued a 14-day breach notice to remove the container, which the tenant has failed to comply with.

I am satisfied that it is appropriate to make an order that the tenant remove the container.

If the tenant does not comply with the order the landlord may arrange for the removal of the container and seek reimbursement from the tenant up to $300.00 only. Name suppression

The landlord has been wholly successful but does not seek name suppression.

Section 95A (4) of the Act provides that the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, may order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

I am satisfied that there may have been a genuine misunderstanding of the tenant as to what was required, and their obligations. Accordingly, I exercise my discretion under section 94A (4) and order the suppression of the tenant’s name and the address of the property.

Order