How much money was awarded in case 4824259?

Nt Fails To Comply With This Order,…: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4824259?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 4824259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10187439-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4824259?

Nt Fails To Comply With This Order,…: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4824259?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 4824259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10187439-Tenancy_Tribunal_Order.pdf.

Unit 5, 10 Martindales Road, Heathcote Valley, Christchurch Tenancy Tribunal Case 4824259 — State of repair

Q: What was the outcome of Tenancy Tribunal case 4824259?

The tribunal order states: The tenant must by 8 May 2024 remove all rubbish from the premises and clean

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Order

Claims and awards in Tenancy Tribunal application 4824259. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
nt fails to comply with this order, then the landlord may undertake the work and charge the tenant the cost of this work	$1,500.00		nt fails to comply with this order, then the landlord may undertake the work and charge the tenant the cost of this work

The tenant must by 8 May 2024 remove all rubbish from the premises and clean and tidy the premises so that they are left reasonably clean and tidy.

For the avoidance of any doubt, to comply with this order the tenant must remove excess goods from the premises so that the premises are liveable, the landlord and its contractors can properly inspect the premises and carry out any required maintenance and the premises are safe and sanitary to occupy as residential premises.

If the tenant fails to comply with this order, then the landlord may undertake the work and charge the tenant the cost of this work up to $1,500. These costs may be treated as rent in arrears and enforced as such.

The tenant must pay the landlord the $20.44 filing fee immediately.

Reasons

Mr Olds attended the hearing for the landlord. The tenant did not attend.

The landlord claims that the tenant has not kept the premises in a reasonably clean and reasonably tidy condition and that he has caused interference with the means of escape in the case of fire. The landlord wants these problems fixed.

Under section 40(1)(a)-(e), Residential Tenancies Act 1986 (the Act), 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 tenant to carry out the work (s78(1)(e) of the Act).

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 fails to comply with the work 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 as such (s78(2AAB) and 78(2AAC)(a) of the Act).

The landlord produced photographs of the interior of the unit taken on 23 February 2024 showing it to be extremely cluttered to the extent that it would be impossible to live normally in it and access to at least one of the means of escape from the premises in case of fire would be impossible or at least seriously impeded. There was also a substantial amount of material stored immediately outside the unit.

The situation is unacceptable and amounts to a serious breach by the tenant of his obligations as described above. The situation is a danger to the tenant’s health and safety and potentially to the health the safety of others. It also prevents the landlord from undertaking its lawful functions of inspecting and maintain the premises.

I have therefore ordered the tenant to carry out work to rectify the situation. If he fails to do within 28 days, this order allows the landlord to carry out the work. I find that a reasonable cost for doing so is $1,500. If the landlord is left carry out the work, the tenant will be liable for the cost of doing it up to $1,500.

Mr Olds pointed out that the volume of material at the premises is such that it cannot all remain at the premises. Depending on how much of it is rubbish, the tenant may have to find somewhere else to store it. Mr Olds said that he believes that the tenant has storage available.

Because the landlord has wholly succeeded with the claim, I have ordered the tenant to pay the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4824259. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
nt fails to comply with this order, then the landlord may undertake the work and charge the tenant the cost of this work	$1,500.00		nt fails to comply with this order, then the landlord may undertake the work and charge the tenant the cost of this work

The tenant must by 8 May 2024 remove all rubbish from the premises and clean and tidy the premises so that they are left reasonably clean and tidy.

The tenant must pay the landlord the $20.44 filing fee immediately.

Reasons

Mr Olds attended the hearing for the landlord. The tenant did not attend.

Under section 40(1)(a)-(e), Residential Tenancies Act 1986 (the Act), 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 tenant to carry out the work (s78(1)(e) of the Act).

Because the landlord has wholly succeeded with the claim, I have ordered the tenant to pay the filing fee.

Tenancy Tribunal case 4824259 — State of repair at Unit 5, 10 Martindales Road, Heathcote Valley, Christchurch

At a glance

Tenancy Tribunal case 4824259 — State of repair at Unit 5, 10 Martindales Road, Heathcote Valley, Christchurch

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions