What was the outcome of Tenancy Tribunal case 4592169?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4592169?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4592169?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4592169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9270040-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4592169?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4592169?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4592169?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4592169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9270040-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 40 Phillip Street, Johnsonville, Wellington 6037 Tenancy Tribunal Case 4592169 — Cleanliness

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Reasons

The landlord has applied for orders either allowing entry to the premises to undertake cleaning, or alternately to terminate the tenancy.

It is the case that the landlord has raised frequent concerns around the premises not being reasonably clean and tidy. Having considered the photographs presented by the landlord during inspections, I would not agree with some of the landlords concerns, but some may be valid. In any event, before the hearing the tenant has undertaken extensive cleaning inside the dwelling. The landlord agreed at the hearing that the premises are now of a good standard inside.

To that extent there would not be any basis for me to make any orders regarding further cleaning inside the dwelling.

However, the photographs taken of the outside of the property, show extensive weed growth.

As I noted at the hearing, the law requires the tenant to keep the premises reasonably clean and tidy during the course of the tenancy, and that includes the grounds outside the dwelling. There is no doubt that the current standard of the exterior falls well short of the reasonably clean and tidy expectation.

At the hearing the tenant has undertaken to get on and get the outside tidied, which would be the right thing to do.

At this time, it would be premature for the Tribunal to make any further orders in relation to the outside of the premises. Having heard from Mr Nesic I believe that he will get on and get the exterior tidied up now, but in the event that he does not, then the appropriate next step for the landlord would be to obtain work orders from the Tribunal in relation to the exterior. It would only be if work orders were not complied with, would I consider making the order allowing the landlord to go onto the property, to undertake gardening, or any other necessary order.

The landlord has also applied to terminate the tenancy. Section 56 of the Residential Tenancies Act 1986 (RTA) allows the Tribunal to order termination if: a. The tenant has committed a breach of a provision of the RTA; and b. In the case of a breach capable of remedy, has failed to remedy that breach after being given a notice from the landlord; and c. That the breaches of such a nature or such an extent that it would be an equitable to refuse to make an order terminating the tenancy.

For the reasons as mentioned above, certainly the tenant has breached his obligations in relation to the exterior of the premises, and possibly in relation to the interior in some respects. It could also be accepted that a notice has been given for the tenant to remedy those breaches, which the tenant has failed to do.

However, in the scheme of things I do not consider that the breeches would be of such a nature, or such an extent, that it would be an equitable to refuse termination of the tenancy. Because of that, the landlords application for termination is dismissed.

Reasons

The landlord has applied for orders either allowing entry to the premises to undertake cleaning, or alternately to terminate the tenancy.

To that extent there would not be any basis for me to make any orders regarding further cleaning inside the dwelling.

However, the photographs taken of the outside of the property, show extensive weed growth.

At the hearing the tenant has undertaken to get on and get the outside tidied, which would be the right thing to do.

Tenancy Tribunal case 4592169 — Cleanliness at Unit/Flat 3, 40 Phillip Street, Johnsonville, Wellington 6037

At a glance

Tenancy Tribunal case 4592169 — Cleanliness at Unit/Flat 3, 40 Phillip Street, Johnsonville, Wellington 6037

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions