What was the outcome of Tenancy Tribunal case 4693050?

The tribunal order states: The tenant must remove the non-compliant external conjoined structures behind

How much money was awarded in case 4693050?

Fails To Comply With Order 1 Above,…: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4693050?

The dispute type was not classified.

Where can I read the official tribunal order for case 4693050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9929216-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4693050?

The tribunal order states: The tenant must remove the non-compliant external conjoined structures behind

How much money was awarded in case 4693050?

Fails To Comply With Order 1 Above,…: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4693050?

The dispute type was not classified.

Where can I read the official tribunal order for case 4693050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9929216-Tribunal_Order.pdf.

150 Tipahi Street, Nelson South, Nelson 7010 Tenancy Tribunal Case 4693050 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4693050. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wor	$2,000.00		fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wor

Order

The tenant must remove the non-compliant external conjoined structures behind the house. These structures are to be removed at the end of the tenancy, or by 4 August 2024, whichever is sooner.
If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $2000.00 without recourse to the Tribunal. These costs may be treated as rent in arrears and enforced accordingly if appropriate.

Reasons

Both parties attended the hearing. This was a continuation hearing after the first hearing was adjourned.
The landlord claims that the tenant has installed substantial external structures that are non-compliant and unauthorised. The landlord wants the structures removed.
Since the first hearing the tenant has removed a significant concern, being a non-compliant wood burner within the structures. The use of this posed a health and safety risk and the tenant undertook to remove it. This has been done.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986 (“RTA”), a tenant has specific obligations in relation to the tenancy premises. The tenant rights or constraints regarding fixtures or alterations are provided for under ss 42, 42A, 42B RTA.
Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
This is a long tenancy that commenced in 2014. Over the last seven or so years the tenant has installed storage sheds and then added further structures to create what is much more than a minor change. The local authority has inspected the structures and confirmed the non-compliance, but it has yet to issue any notice to remove. The landlord has been in contact with the local authority, and it appears willingly to allow this timetabling to complete. For the avoidance of doubt, if the local authority was to exercise its statutory powers to make any orders for removal, such orders that requires earlier attention would supersede the timetabling here.
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 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) Residential Tenancies Act 1986.

Has the tenant failed to comply with their obligations?

While the landlord view on the structures is supported, I note the structures evolved over some seven years without action. The lack of action by the landlord during this time, as well as comments from during that time may almost be considered implied consent. It was after a change in property manager that the issues presented by the structures and their lack of compliance or written authorisation were focused on and formal steps taken by the landlord to remedy the breach. The first notice was in February 2023. The tenant has resisted removal, believing she had an agreement that the structures could remain in place until the end of the tenancy.
At the hearing it appears some discussion regarding a relocation/downsizing for the tenant has commenced between the tenant and local staff. That reflects the change in needs of the tenant due to her stage of life and has no obvious relationship to this application. However, such a change in tenancy would oblige the removal of the structures, by this order but also through the prior undertaking of the tenant to do so at such a time.
Such a change may resolve the removal but, while sympathetic to the tenant and the history of the structures’ evolution, I do not consider the landlord bound by any earlier omissions or implied approval by any agent and the structures have no statutory support or basis and must be removed. The alternative timing for removal of 4 August 2024 was agreed to accommodate the tenant after her request. The request appeared reasonable given the history.
The structures are considered more than a minor change as permitted by s 42B RTA. Specifically, s 42B(2)(f) RTA requires regulatory consent where applicable as in this situation – and no such consent exists or is likely to be forthcoming based on the evidence. The structures must be removed.
As already stated, but stressed again here, the timetabling as set in this order assumes no subsequent local authority demands that may require earlier action by the tenant and/or landlord as owner. If such demands were made, I believe both parties are aware and accept how that may override the removal plan as expressed in this order.

Claims and awards in Tenancy Tribunal application 4693050. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wor	$2,000.00		fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wor

Order

The tenant must remove the non-compliant external conjoined structures behind the house. These structures are to be removed at the end of the tenancy, or by 4 August 2024, whichever is sooner.
If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $2000.00 without recourse to the Tribunal. These costs may be treated as rent in arrears and enforced accordingly if appropriate.

Reasons

Both parties attended the hearing. This was a continuation hearing after the first hearing was adjourned.
The landlord claims that the tenant has installed substantial external structures that are non-compliant and unauthorised. The landlord wants the structures removed.
Since the first hearing the tenant has removed a significant concern, being a non-compliant wood burner within the structures. The use of this posed a health and safety risk and the tenant undertook to remove it. This has been done.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986 (“RTA”), a tenant has specific obligations in relation to the tenancy premises. The tenant rights or constraints regarding fixtures or alterations are provided for under ss 42, 42A, 42B RTA.
Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
This is a long tenancy that commenced in 2014. Over the last seven or so years the tenant has installed storage sheds and then added further structures to create what is much more than a minor change. The local authority has inspected the structures and confirmed the non-compliance, but it has yet to issue any notice to remove. The landlord has been in contact with the local authority, and it appears willingly to allow this timetabling to complete. For the avoidance of doubt, if the local authority was to exercise its statutory powers to make any orders for removal, such orders that requires earlier attention would supersede the timetabling here.
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 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) Residential Tenancies Act 1986.

Has the tenant failed to comply with their obligations?

While the landlord view on the structures is supported, I note the structures evolved over some seven years without action. The lack of action by the landlord during this time, as well as comments from during that time may almost be considered implied consent. It was after a change in property manager that the issues presented by the structures and their lack of compliance or written authorisation were focused on and formal steps taken by the landlord to remedy the breach. The first notice was in February 2023. The tenant has resisted removal, believing she had an agreement that the structures could remain in place until the end of the tenancy.
At the hearing it appears some discussion regarding a relocation/downsizing for the tenant has commenced between the tenant and local staff. That reflects the change in needs of the tenant due to her stage of life and has no obvious relationship to this application. However, such a change in tenancy would oblige the removal of the structures, by this order but also through the prior undertaking of the tenant to do so at such a time.
Such a change may resolve the removal but, while sympathetic to the tenant and the history of the structures’ evolution, I do not consider the landlord bound by any earlier omissions or implied approval by any agent and the structures have no statutory support or basis and must be removed. The alternative timing for removal of 4 August 2024 was agreed to accommodate the tenant after her request. The request appeared reasonable given the history.
The structures are considered more than a minor change as permitted by s 42B RTA. Specifically, s 42B(2)(f) RTA requires regulatory consent where applicable as in this situation – and no such consent exists or is likely to be forthcoming based on the evidence. The structures must be removed.
As already stated, but stressed again here, the timetabling as set in this order assumes no subsequent local authority demands that may require earlier action by the tenant and/or landlord as owner. If such demands were made, I believe both parties are aware and accept how that may override the removal plan as expressed in this order.

Tenancy Tribunal case 4693050 — Tenancy dispute at 150 Tipahi Street, Nelson South, Nelson 7010

At a glance

Tenancy Tribunal case 4693050 — Tenancy dispute at 150 Tipahi Street, Nelson South, Nelson 7010

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Frequently asked questions