What was the outcome of Tenancy Tribunal case 4753793?

The tribunal order states: On or before Sunday 16 June 2024, the tenant must remove the portable cabin

How much money was awarded in case 4753793?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4753793?

The dispute type was not classified.

Where can I read the official tribunal order for case 4753793?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10345198-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4753793?

The tribunal order states: On or before Sunday 16 June 2024, the tenant must remove the portable cabin

How much money was awarded in case 4753793?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4753793?

The dispute type was not classified.

Where can I read the official tribunal order for case 4753793?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10345198-Tribunal_Order.pdf.

606A Massey Road, Mangere, Auckland 2022 Tenancy Tribunal Case 4753793 — Tenancy dispute

Order

On or before Sunday 16 June 2024, the tenant must remove the portable cabin placed on the rear of the premises.
If the tenant fails to remove the portable cabin by 16 June 2024, then the landlord may undertake the work and remove the portable cabin and charge the tenant the costs of its removal. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the hearing. The tenant was supported by Dr George Hamilton and another support person.
The landlord claims that the tenant has placed an illegal structure, namely a portable cabin, at the rear of the property without getting the landlord’s consent. The landlord wants the cabin removed.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
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.
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. 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?

I find that the tenant is in breach of the tenancy agreement and the RTA in the placement/erection of the cabin without the landlord’s consent.
The tenant has given the landlord an undertaking that she has not and will not at any time have anyone sleep or live in the portable cabin, she simply wants it to store her personal taonga in that cannot be safely stored in the garage on the premises. She gave evidence the garage floods and any taonga she stores in it gets destroyed. Further, the contents of the garage adjacent to hers is full of items that are attracting rodents to her garage that she cannot get rid of.
The landlord claims the premise had two bedrooms and with only the tenant residing in the premises, she has room to store her taonga in the other bedroom. Further, if the tenant genuinely requires extra storage room she could have made a request to the landlord for a garden shed and that request would have been considered.
Clause 17 of the tenancy agreement states: “Please let us know if you would like to make or request changes to the premises. You must not make any alterations to the premises without our permission.”
Clause 21 of the tenancy agreement further requires both landlord and tenant to comply with all local council bylaws that apply to the premises.
Section 42 RTA provides that the 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.
I do not consider the tenant’s placement of the cabin on the premises to be a minor change to which section 42B(4) to (6) RTA might apply.
The tenant argued that the cabin is not affixed to the property, is fully portable and she has not changed or altered the premises in any way. I do not agree, and I find the tenant to be in breach of clauses 17 and 21 of the tenancy agreement as well as section 42 RTA.
The landlord has also expressed concerns that the cabin is unsafe and poses significant health and safety concerns because it is not anchored or grounded properly. From the photographic evidence provided, it appears that the left-hand side of the cabin is hanging precariously off the ground to such an extent that; irregular weather events may topple it.
The 1 December 2023 report from the landlord’s contractor/asset specialist who inspected the premises found as follows: a. Portable cabin installed by tenant. b. Health and safety concerns were identified, and the cabin was deemed unsafe. c. The cabin was highly unlikely to meet the building compliance regulations as it was not tied down securely and there were no bearers and secure piles present. In fact, the portable cabin is balanced on multiple unsecure makeshift piles of off cut timber and there was nothing fixing or securing them in place. As a result, the cabin appeared to be sitting on a lean. d. If there were to be a severe weather event with high winds or flooding, the cabin would most likely move significantly and could cause damage to neighbouring properties and persons. This presents a major health and safety risk to Kāinga Ora. e. When the tenant was asked if she received a code of compliance for the cabin, she refused to answer. f. Upon purchasing a portable unit and having it installed at the property it is a requirement to obtain a code of compliance from the local council. g. The way the portable unit has been installed and having no tie downs it would be reasonable to establish no code of compliance has been obtained as no council inspector would sign this off.
A 14-day letter was issued on 11 October 2023 by the landlord to the tenant to remove the cabin by 30 October 2023. The tenant failed to remedy the breach.
The tenant applied for a rehearing of Adjudicator Tam’s 28 February 2024 Order requiring the cabin to be removed from the premises by 14 March 2024. The rehearing application was granted on 24 April 2024, to give the tenant time to produce a relevant builders report and/or a code of compliance certificate from Auckland Council to show the cabin placed on the grounds of the premise is safe and permission should be given by the landlord for it to remain on the property.
At today’s hearing, the tenant was not able to produce a registered master builder’s report and/or a code of compliance. She indicated that she had not had sufficient time to get these documents from the date her rehearing application was granted.
Dr George Hamilton stated that if I was to adjourn the matter for a further 6 weeks, he could get a code of acceptance from the Auckland Council (as a code of compliance is not required for a portable structure) and a builders report from a registered master builder that confirms the cabin meets the building code regulations and that the tenant is not posing any risk to any person or property by being allowed to have the cabin remain on the property.
Kāinga Ora’s agent, at my request, called Kainga Ora’s Regional Asset Manager to ask whether Kainga Ora would give the tenant consent for the cabin to remain, if she obtained the code of acceptance from Auckland Council and a report from a registered master builder that confirms the cabin complies with the building code regulations.
Kāinga Ora’s Regional Asset Manager confirmed that Kāinga Ora would not consent to a cabin of that size remaining on the property and that the landlord would not have consented to it being placed on the property if she had sought prior consent. The Regional Asset Manager’s instructions were clear that Kāinga Ora will not consent to the cabin remaining on the property under any circumstances.
I therefore accede to the social housing landlord’s application for an order requiring the tenant to remove the cabin failing which Kāinga Ora will be allowed to remove the cabin at the tenant's cost.

Order

On or before Sunday 16 June 2024, the tenant must remove the portable cabin placed on the rear of the premises.
If the tenant fails to remove the portable cabin by 16 June 2024, then the landlord may undertake the work and remove the portable cabin and charge the tenant the costs of its removal. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the hearing. The tenant was supported by Dr George Hamilton and another support person.
The landlord claims that the tenant has placed an illegal structure, namely a portable cabin, at the rear of the property without getting the landlord’s consent. The landlord wants the cabin removed.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
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.
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. 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?

I find that the tenant is in breach of the tenancy agreement and the RTA in the placement/erection of the cabin without the landlord’s consent.
The tenant has given the landlord an undertaking that she has not and will not at any time have anyone sleep or live in the portable cabin, she simply wants it to store her personal taonga in that cannot be safely stored in the garage on the premises. She gave evidence the garage floods and any taonga she stores in it gets destroyed. Further, the contents of the garage adjacent to hers is full of items that are attracting rodents to her garage that she cannot get rid of.
The landlord claims the premise had two bedrooms and with only the tenant residing in the premises, she has room to store her taonga in the other bedroom. Further, if the tenant genuinely requires extra storage room she could have made a request to the landlord for a garden shed and that request would have been considered.
Clause 17 of the tenancy agreement states: “Please let us know if you would like to make or request changes to the premises. You must not make any alterations to the premises without our permission.”
Clause 21 of the tenancy agreement further requires both landlord and tenant to comply with all local council bylaws that apply to the premises.
Section 42 RTA provides that the 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.
I do not consider the tenant’s placement of the cabin on the premises to be a minor change to which section 42B(4) to (6) RTA might apply.
The tenant argued that the cabin is not affixed to the property, is fully portable and she has not changed or altered the premises in any way. I do not agree, and I find the tenant to be in breach of clauses 17 and 21 of the tenancy agreement as well as section 42 RTA.
The landlord has also expressed concerns that the cabin is unsafe and poses significant health and safety concerns because it is not anchored or grounded properly. From the photographic evidence provided, it appears that the left-hand side of the cabin is hanging precariously off the ground to such an extent that; irregular weather events may topple it.
The 1 December 2023 report from the landlord’s contractor/asset specialist who inspected the premises found as follows: a. Portable cabin installed by tenant. b. Health and safety concerns were identified, and the cabin was deemed unsafe. c. The cabin was highly unlikely to meet the building compliance regulations as it was not tied down securely and there were no bearers and secure piles present. In fact, the portable cabin is balanced on multiple unsecure makeshift piles of off cut timber and there was nothing fixing or securing them in place. As a result, the cabin appeared to be sitting on a lean. d. If there were to be a severe weather event with high winds or flooding, the cabin would most likely move significantly and could cause damage to neighbouring properties and persons. This presents a major health and safety risk to Kāinga Ora. e. When the tenant was asked if she received a code of compliance for the cabin, she refused to answer. f. Upon purchasing a portable unit and having it installed at the property it is a requirement to obtain a code of compliance from the local council. g. The way the portable unit has been installed and having no tie downs it would be reasonable to establish no code of compliance has been obtained as no council inspector would sign this off.
A 14-day letter was issued on 11 October 2023 by the landlord to the tenant to remove the cabin by 30 October 2023. The tenant failed to remedy the breach.
The tenant applied for a rehearing of Adjudicator Tam’s 28 February 2024 Order requiring the cabin to be removed from the premises by 14 March 2024. The rehearing application was granted on 24 April 2024, to give the tenant time to produce a relevant builders report and/or a code of compliance certificate from Auckland Council to show the cabin placed on the grounds of the premise is safe and permission should be given by the landlord for it to remain on the property.
At today’s hearing, the tenant was not able to produce a registered master builder’s report and/or a code of compliance. She indicated that she had not had sufficient time to get these documents from the date her rehearing application was granted.
Dr George Hamilton stated that if I was to adjourn the matter for a further 6 weeks, he could get a code of acceptance from the Auckland Council (as a code of compliance is not required for a portable structure) and a builders report from a registered master builder that confirms the cabin meets the building code regulations and that the tenant is not posing any risk to any person or property by being allowed to have the cabin remain on the property.
Kāinga Ora’s agent, at my request, called Kainga Ora’s Regional Asset Manager to ask whether Kainga Ora would give the tenant consent for the cabin to remain, if she obtained the code of acceptance from Auckland Council and a report from a registered master builder that confirms the cabin complies with the building code regulations.
Kāinga Ora’s Regional Asset Manager confirmed that Kāinga Ora would not consent to a cabin of that size remaining on the property and that the landlord would not have consented to it being placed on the property if she had sought prior consent. The Regional Asset Manager’s instructions were clear that Kāinga Ora will not consent to the cabin remaining on the property under any circumstances.
I therefore accede to the social housing landlord’s application for an order requiring the tenant to remove the cabin failing which Kāinga Ora will be allowed to remove the cabin at the tenant's cost.

Tenancy Tribunal case 4753793 — Tenancy dispute at 606A Massey Road, Mangere, Auckland 2022

At a glance

Claims & awards

Tenancy Tribunal case 4753793 — Tenancy dispute at 606A Massey Road, Mangere, Auckland 2022

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

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Frequently asked questions