Published tribunal order
Tenancy Tribunal case 4718511 — Smoke alarms at 21 Jecks Place, Avonside, Christchurch 8061
Decided 27 Nov 2023 · Published 27 Nov 2023 · Application 4718511
Mixed / unclear
- Smoke alarms
Order
- The tenant must carry out the following work to the premises, which must be completed by 11 December 2023: a. Remove the two shared red rubbish bins outside his unit and return them to the bin collection area. b. Remove all other rubbish from the exterior of the premises.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $68.00 (the equivalent of 1 week’s rent) immediately after 11 December 2023.
- If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $500.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Mr Olds represented the landlord. The tenant did not attend. I am satisfied he was aware of the hearing.
- The landlord claims that the tenant has failed to remove rubbish from the exterior of the premises and has failed to return 2 large red rubbish bins for the use of all tenants to the bin collection area. The landlord wants the problem fixed.
- Under section 40(1)(a)-(e), Residential Tenancies Act 1986 (RTA), a tenant has specific obligations in relation to the tenancy premises.
- Where the Tribunal finds that 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) RTA.
- 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. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms. See sections 78(2) and 78(2AA) RTA.
- 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) RTA.
Has the tenant failed to comply with his obligations?
- The tenant has failed to keep the exterior of the premises reasonably tidy by allowing rubbish to accumulate there and by failing to remove 2 large communal rubbish bins he has placed outside of his unit. This is a breach of his responsibilities as a tenant.
- The tenant has failed to remedy the breach detailed in a 14-day letter issued by the landlord.
- I have made a work order for the tenant to replace the red bins to where they should be and to remove the rubbish.
- If the tenant does not comply with these orders, he runs the risk that the landlord will apply to terminate his tenancy.
- If the landlord makes another application, it may claim the filing fee on this application then. There is little sense in making a money order for the filing fee now.