What was the outcome of Tenancy Tribunal case 4828279?

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

How much money was awarded in case 4828279?

Y With Either Order 1 Or 2 Above, Th…: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4828279?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4828279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10320721-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4828279?

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

How much money was awarded in case 4828279?

Y With Either Order 1 Or 2 Above, Th…: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4828279?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4828279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10320721-Tenancy_Tribunal_Order.pdf.

41 Cheshire Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4828279 — Rent arrears

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41 Cheshire Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4828279 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4828279. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
y with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up	$1,200.00		y with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up

Claims and awards for application 4828279. Verify on MoJ.

y with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up

Amount: $1,200.00
Awarded to: Landlord
Reason: y with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up

Order

Daniel Turua must carry out the following work to the premises, which must be completed by Sunday 26 May 2024: a. Mow the lawns to a reasonable level and dispose of the green waste.
As an alternative to compliance with Order 1, Daniel Turua must pay the landlord $1,200 immediately.
If Daniel Turua fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up to $1,200. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing. As Mr Turua had been served with the notice of hearing but failed to attend, it occurred in his absence.
Under section 40(1)(c) of the Residential Tenancies Act 1986, (RTA) a tenant has specific obligations to keep the property reasonably tidy. The landlord has established in evidence that Mr Turua has not been mowing his lawns for a lengthy period. They have now got to the extent that they are a hazard.
The landlord has served a notice to remedy on Mr Turua (3 March) and he has not remedied it. They have had a number of meetings with him and made many attempts to assist him to undertake the work, however agreement has not been reached.
Where the Tribunal finds that a tenant has failed to comply with their obligations pursuant to the RTA, where appropriate it may make an order for the tenant to carry out the work. See section 78(1)(e) RTA. I am satisfied that Mr Turua has breached section 40(1)(c) of the RTA in failing to keep the gardens tidy. Accordingly, I make a work order directing him to do so by 26 May 2024.
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. See sections 78(2) and 78(2AA) RTA 1986. Mr Turua does not appear to consent to the order given his absence at the hearing, accordingly, if he prefers he can immediately pay the landlord $1,2000 to remedy his breach.
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.
Therefore, if Mr Turua does not comply with the work order, or pay the alternate amount, the landlord may undertake the garden work, and the costs of doing so, to the maximum of $1,200, may be charged back to Mr Turua in the form of rent arrears.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4828279. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
y with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up	$1,200.00		y with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up

Claims and awards for application 4828279. Verify on MoJ.

y with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up

Amount: $1,200.00
Awarded to: Landlord
Reason: y with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up

Order

Daniel Turua must carry out the following work to the premises, which must be completed by Sunday 26 May 2024: a. Mow the lawns to a reasonable level and dispose of the green waste.
As an alternative to compliance with Order 1, Daniel Turua must pay the landlord $1,200 immediately.
If Daniel Turua fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge Mr Turua the costs of this work up to $1,200. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing. As Mr Turua had been served with the notice of hearing but failed to attend, it occurred in his absence.
Under section 40(1)(c) of the Residential Tenancies Act 1986, (RTA) a tenant has specific obligations to keep the property reasonably tidy. The landlord has established in evidence that Mr Turua has not been mowing his lawns for a lengthy period. They have now got to the extent that they are a hazard.
The landlord has served a notice to remedy on Mr Turua (3 March) and he has not remedied it. They have had a number of meetings with him and made many attempts to assist him to undertake the work, however agreement has not been reached.
Where the Tribunal finds that a tenant has failed to comply with their obligations pursuant to the RTA, where appropriate it may make an order for the tenant to carry out the work. See section 78(1)(e) RTA. I am satisfied that Mr Turua has breached section 40(1)(c) of the RTA in failing to keep the gardens tidy. Accordingly, I make a work order directing him to do so by 26 May 2024.
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. See sections 78(2) and 78(2AA) RTA 1986. Mr Turua does not appear to consent to the order given his absence at the hearing, accordingly, if he prefers he can immediately pay the landlord $1,2000 to remedy his breach.
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.
Therefore, if Mr Turua does not comply with the work order, or pay the alternate amount, the landlord may undertake the garden work, and the costs of doing so, to the maximum of $1,200, may be charged back to Mr Turua in the form of rent arrears.

Tenancy Tribunal case 4828279 — Rent arrears at 41 Cheshire Street, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 4828279 — Rent arrears at 41 Cheshire Street, Cannons Creek, Porirua 5024

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions