What was Tenancy Tribunal case 5502709 about?

The tribunal order states: [The tenant/s] and [The tenant/s] return the house and the garden to a

How much money was awarded in case 5502709?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5502709?

The primary dispute was 14-day notice. Related themes: Leaks.

Where can I read the official tribunal order for case 5502709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13924857-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5502709 about?

The tribunal order states: [The tenant/s] and [The tenant/s] return the house and the garden to a

How much money was awarded in case 5502709?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5502709?

The primary dispute was 14-day notice. Related themes: Leaks.

Where can I read the official tribunal order for case 5502709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13924857-Tenancy_Tribunal_Order.pdf.

17 Landette Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5502709 — 14-day notice

Order

[The tenant/s] and [The tenant/s] return the house and the garden to a reasonable condition.

The tenants must remove the four structures that have been built by the tenants and these are • over the deck at the back of the house • at the side of the house • against the front fence by the letter box • against the side fence in the front garden.

All the structures must be removed by Tuesday 18 August 2026.

If the tenants fail to pay remove these structures within 5 working days of the due date the tenancy at 17 Landette Road, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises.

The tenants must also carry out the following work at the premises: a. Return the laundry to a reasonable condition by removing the clothes and any rubbish from the floor and this must be completed by Tuesday 18 August 2026. b. Remove the inorganic rubbish and any items stored in the garden and outside and this must be completed by Tuesday 15 September 2026.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy and work orders. The tenants want to remove the structures to avoid termination of the tenancy.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable (very unfair) to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986 (RTA).

Section 40 RTA requires the tenants to keep the house and garden in a reasonable condition. I have seen photos taken at an inspection yesterday. I find the garden and the deck are not in a reasonable condition because the tenants have built four structures. The tenants said this was to protect belongings they are storing, and to protect items they want to ship to relatives. It seems most likely to me the structures are not safe.

On 2 April 2026 the landlord served a 14-day notice on the tenants but the breach was not remedied within the required period. I find it would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will remove the structures within a month and are unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) RTA.

The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) RTA.

Should I make work orders?

The landlord has also applied for work orders which can be made when tenants fail to comply with the obligation to keep the tenancy premises in a reasonable condition. See section 78(1)(e) RTA

The photos provided by the landlord show the condition of the house and garden yesterday. There are clothes and other items all over the floor in the laundry, which is potentially a safety hazard. The landlord should also be able to check for leaks. I have already noted the rubbish and belongings on the deck and in the garden. I find the laundry and the garden are not in a reasonable condition.

The tenants have agreed to clean up the laundry and remove the rubbish and items from the deck and the garden. I have made work orders.

Order

[The tenant/s] and [The tenant/s] return the house and the garden to a reasonable condition.
The tenants must remove the four structures that have been built by the tenants and these are • over the deck at the back of the house • at the side of the house • against the front fence by the letter box • against the side fence in the front garden.
All the structures must be removed by Tuesday 18 August 2026.
If the tenants fail to pay remove these structures within 5 working days of the due date the tenancy at 17 Landette Road, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises.
The tenants must also carry out the following work at the premises: a. Return the laundry to a reasonable condition by removing the clothes and any rubbish from the floor and this must be completed by Tuesday 18 August 2026. b. Remove the inorganic rubbish and any items stored in the garden and outside and this must be completed by Tuesday 15 September 2026.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy and work orders. The tenants want to remove the structures to avoid termination of the tenancy.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable (very unfair) to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986 (RTA).
Section 40 RTA requires the tenants to keep the house and garden in a reasonable condition. I have seen photos taken at an inspection yesterday. I find the garden and the deck are not in a reasonable condition because the tenants have built four structures. The tenants said this was to protect belongings they are storing, and to protect items they want to ship to relatives. It seems most likely to me the structures are not safe.
On 2 April 2026 the landlord served a 14-day notice on the tenants but the breach was not remedied within the required period. I find it would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will remove the structures within a month and are unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) RTA.
The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) RTA.

Should I make work orders?

The landlord has also applied for work orders which can be made when tenants fail to comply with the obligation to keep the tenancy premises in a reasonable condition. See section 78(1)(e) RTA
The photos provided by the landlord show the condition of the house and garden yesterday. There are clothes and other items all over the floor in the laundry, which is potentially a safety hazard. The landlord should also be able to check for leaks. I have already noted the rubbish and belongings on the deck and in the garden. I find the laundry and the garden are not in a reasonable condition.
The tenants have agreed to clean up the laundry and remove the rubbish and items from the deck and the garden. I have made work orders.

Tenancy Tribunal case 5502709 — 14-day notice at 17 Landette Road, Manurewa, Auckland 2102

At a glance

Claims & awards

Tenancy Tribunal case 5502709 — 14-day notice at 17 Landette Road, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Should I make work orders?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Should a conditional termination order be made?

Should I make work orders?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions