What was the outcome of Tenancy Tribunal case 4639547?

The tribunal order states: Raylene Tua is to remove all rubbish and loose items from the grounds of the

How much money was awarded in case 4639547?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4639547?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4639547?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9507637-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4639547?

The tribunal order states: Raylene Tua is to remove all rubbish and loose items from the grounds of the

How much money was awarded in case 4639547?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4639547?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4639547?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9507637-Tribunal_Order.pdf.

168B Arawhata Road, Paraparaumu, Paraparaumu 5032 Tenancy Tribunal Case 4639547 — Exemplary damages

Order

This order corrects para 7(c) in the order dated 6 October 2023 - Kapiti Coast District Council replaces Porirua City Council. No other part of the order is changed.

Raylene Tua is to remove all rubbish and loose items from the grounds of the property by 30 October 2023.
By 30 October 2023 Raylene Tua is to remove any structure that she has attached or allowed to be attached to the exterior of the premises.
Raylene Tua is to refrain from parking or permitting cars to be parked on the berm outside her property.
Raylene Tua is to make sure that she is not in breach of her tenancy that requires a maximum of three people to be residing at the property.
A failure to comply with these orders could result in an application for termination of the tenancy.

Reasons

The tenant did not appear for the hearing.
The landlord has applied for orders: a. to require the tenant to make the property reasonably clean and tidy, b. to remove structures that have not been approved by the landlord and c. to require the tenant not to park cars or allow cars to be parked on the berm in breach of Kapiti Coast District Council regulations. Has the tenant complied with their obligations under her tenancy agreement and the

Residential Tenancies Act 1986 ?

Rubbish

Under section 40(1)(c) a tenant must keep the premises reasonably clean and tidy.
The landlord provided photos of the rubbish strewn around the grounds of the property. There has been some effort to tidy the grounds and remove rubbish but further work is required to bring the property to the Residential Tenancies Act 1986 standard of reasonably clean and tidy. A failure to do so could result in an application for termination of the tenancy. Structures
Under section 42(1) a 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.
The photos prove the landlord’s claim that a structure has been attached to the house. There was reference to structures in the tenancy agreement and no written consent for the structure. The tenant is in breach of the Residential Tenancies Act 1986 and must remove any and all structures that have not been approved by the landlord.
A failure to do so could result in an application for termination of the tenancy. Parking
The tenancy agreement states that the tenant must agree to abide by Council by-laws. Council by-laws do not permit parking on grass berms. The tenant has allowed several cars to be parked on the berm at any one time. The Council has contacted the landlord to remove vehicles.
The Tribunal orders the tenant to refrain from breaching her tenancy agreement regarding cars parked on Council berms. Maximum number of persons permitted to reside at the property
Kāinga Ora–Homes And Communities claims that until recently the number of people who have been living at the premises has exceeded the maximum number allowed in the tenancy agreement.
Raylene Tua is advised that where the tenancy agreement specifies the maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant must ensure that the number is not exceeded. See section 40(3) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00. See section 40(3A)(e) and Schedule 1A Residential Tenancies Act 1986.
The tenancy agreement specifies that the maximum number of people who may live in the premises during the tenancy is three. An order is made that this number may not be exceeded. This help Raylene understand the financial penalties that she could incur if she allows more than the maximum number of people to reside at the premises.

Order

This order corrects para 7(c) in the order dated 6 October 2023 - Kapiti Coast District Council replaces Porirua City Council. No other part of the order is changed.

Raylene Tua is to remove all rubbish and loose items from the grounds of the property by 30 October 2023.
By 30 October 2023 Raylene Tua is to remove any structure that she has attached or allowed to be attached to the exterior of the premises.
Raylene Tua is to refrain from parking or permitting cars to be parked on the berm outside her property.
Raylene Tua is to make sure that she is not in breach of her tenancy that requires a maximum of three people to be residing at the property.
A failure to comply with these orders could result in an application for termination of the tenancy.

Reasons

The tenant did not appear for the hearing.
The landlord has applied for orders: a. to require the tenant to make the property reasonably clean and tidy, b. to remove structures that have not been approved by the landlord and c. to require the tenant not to park cars or allow cars to be parked on the berm in breach of Kapiti Coast District Council regulations. Has the tenant complied with their obligations under her tenancy agreement and the

Residential Tenancies Act 1986 ?

Rubbish

Under section 40(1)(c) a tenant must keep the premises reasonably clean and tidy.
The landlord provided photos of the rubbish strewn around the grounds of the property. There has been some effort to tidy the grounds and remove rubbish but further work is required to bring the property to the Residential Tenancies Act 1986 standard of reasonably clean and tidy. A failure to do so could result in an application for termination of the tenancy. Structures
Under section 42(1) a 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.
The photos prove the landlord’s claim that a structure has been attached to the house. There was reference to structures in the tenancy agreement and no written consent for the structure. The tenant is in breach of the Residential Tenancies Act 1986 and must remove any and all structures that have not been approved by the landlord.
A failure to do so could result in an application for termination of the tenancy. Parking
The tenancy agreement states that the tenant must agree to abide by Council by-laws. Council by-laws do not permit parking on grass berms. The tenant has allowed several cars to be parked on the berm at any one time. The Council has contacted the landlord to remove vehicles.
The Tribunal orders the tenant to refrain from breaching her tenancy agreement regarding cars parked on Council berms. Maximum number of persons permitted to reside at the property
Kāinga Ora–Homes And Communities claims that until recently the number of people who have been living at the premises has exceeded the maximum number allowed in the tenancy agreement.
Raylene Tua is advised that where the tenancy agreement specifies the maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant must ensure that the number is not exceeded. See section 40(3) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00. See section 40(3A)(e) and Schedule 1A Residential Tenancies Act 1986.
The tenancy agreement specifies that the maximum number of people who may live in the premises during the tenancy is three. An order is made that this number may not be exceeded. This help Raylene understand the financial penalties that she could incur if she allows more than the maximum number of people to reside at the premises.

Tenancy Tribunal case 4639547 — Exemplary damages at 168B Arawhata Road, Paraparaumu, Paraparaumu 5032

At a glance

Tenancy Tribunal case 4639547 — Exemplary damages at 168B Arawhata Road, Paraparaumu, Paraparaumu 5032

At a glance

Claims & awards

Order

Reasons

Residential Tenancies Act 1986 ?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Residential Tenancies Act 1986 ?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions