What was the outcome of Tenancy Tribunal case 4784917?

The tribunal order states: The tenant must carry out the following work to the premises, which must be

How much money was awarded in case 4784917?

Ails To Comply With Either Order 2 O…: $7,000.00 awarded to landlord

What type of tenancy dispute was case 4784917?

The primary dispute was Smoke alarms. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4784917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10209602-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4784917?

The tribunal order states: The tenant must carry out the following work to the premises, which must be

How much money was awarded in case 4784917?

Ails To Comply With Either Order 2 O…: $7,000.00 awarded to landlord

What type of tenancy dispute was case 4784917?

The primary dispute was Smoke alarms. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4784917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10209602-Tenancy_Tribunal_Order.pdf.

447 Fraser Street, Parkvale, Tauranga 3112 Tenancy Tribunal Case 4784917 — Smoke alarms

Order

Claims and awards in Tenancy Tribunal application 4784917. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs	$7,000.00		ails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs

The tenant must carry out the following work to the premises, which must be completed by Friday, 10 May 2024: a. Remove all rubbish from the property, both internally and externally. b. Return gardens and lawns to a reasonably clean and tidy state. c. Clean interior of property, including the oven. Reasonably clean and tidy. d. Repair all holes in walls.

As an alternative to compliance with Order 2, the tenant must pay the landlord $7,000.00 immediately.

If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $7,000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The Landlord attended the hearing.

The Landlord claims that the tenant has failed to keep the premises reasonably clean and tidy and has provided photographs of the state of the premises, which corroborate its claims. The landlord wants the problem fixed.

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.

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) 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. 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?

The evidence presented by the landlord, including photographs and witness statements, clearly demonstrates that the tenant, Bernado Mikaere, has failed to meet his obligations under section 40(1)(a)-(e) of the Residential Tenancies Act 1986. The premises at 447 Fraser Street were found to be in a state of disrepair and uncleanliness, with significant rubbish accumulation both inside and outside the property, unattended gardens, dirty interiors, and damaged walls. The tenant's neglect of these duties has necessitated intervention by the Tribunal to ensure that the property is restored to a reasonable condition.

Given the extent of the required repairs and cleaning, the Tribunal finds it reasonable to set the alternative monetary order at $7,000.00, as requested by the landlord. This amount reflects the estimated cost for professional cleaning and repair services to bring the property up to standard. Additionally, should the tenant fail to comply with the work order by the set deadline, the landlord is authorised to undertake the necessary work and recover the costs from the tenant, not exceeding the imposed limit of $7,000.00. These costs will be treated as rent in arrears and may be enforced as such, in line with sections 78(2AAB) and 78(2AAC)(a) of the Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4784917. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs	$7,000.00		ails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs

Order

The tenant must carry out the following work to the premises, which must be completed by Friday, 10 May 2024: a. Remove all rubbish from the property, both internally and externally. b. Return gardens and lawns to a reasonably clean and tidy state. c. Clean interior of property, including the oven. Reasonably clean and tidy. d. Repair all holes in walls.
As an alternative to compliance with Order 2, the tenant must pay the landlord $7,000.00 immediately.
If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $7,000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The Landlord attended the hearing.
The Landlord claims that the tenant has failed to keep the premises reasonably clean and tidy and has provided photographs of the state of the premises, which corroborate its claims. The landlord wants the problem fixed.
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.
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) 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. 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?

The evidence presented by the landlord, including photographs and witness statements, clearly demonstrates that the tenant, Bernado Mikaere, has failed to meet his obligations under section 40(1)(a)-(e) of the Residential Tenancies Act 1986. The premises at 447 Fraser Street were found to be in a state of disrepair and uncleanliness, with significant rubbish accumulation both inside and outside the property, unattended gardens, dirty interiors, and damaged walls. The tenant's neglect of these duties has necessitated intervention by the Tribunal to ensure that the property is restored to a reasonable condition.
Given the extent of the required repairs and cleaning, the Tribunal finds it reasonable to set the alternative monetary order at $7,000.00, as requested by the landlord. This amount reflects the estimated cost for professional cleaning and repair services to bring the property up to standard. Additionally, should the tenant fail to comply with the work order by the set deadline, the landlord is authorised to undertake the necessary work and recover the costs from the tenant, not exceeding the imposed limit of $7,000.00. These costs will be treated as rent in arrears and may be enforced as such, in line with sections 78(2AAB) and 78(2AAC)(a) of the Residential Tenancies Act 1986.

Tenancy Tribunal case 4784917 — Smoke alarms at 447 Fraser Street, Parkvale, Tauranga 3112

At a glance

Tenancy Tribunal case 4784917 — Smoke alarms at 447 Fraser Street, Parkvale, Tauranga 3112

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions