Published tribunal order
Tenancy Tribunal case 4863020 — Tenancy dispute at 83 Milton Street, Somerfield, Christchurch 8024
Decided 4 Jun 2024 · Published 4 Jun 2024 · Application 4863020
Mixed / unclear
Order
- The tenant must remove all rubbish from the exterior of the premises within 21 days of the date of this order.
- As an alternative to compliance with Order 1, the tenant must pay the landlord $2,895.80 immediately.
- 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 $2,895.80. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Ms Rea attended the hearing for the landlord. The tenant did not attend.
- The tenant is in breach of her obligations in section 40(1) of the Residential Tenancies Act 1986 (the Act) by not keeping the exterior of the premises reasonably tidy. In particular, she has allowed a large amount of rubbish to accumulate on the premises.
- I consider it appropriate here to make an order for the tenant to carry out the rubbish removal work: section 78(1)(e) of the Act.
- Where, as here, 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: sections 78(2) and 78(2AA) of the Act. The landlord provided evidence to support the estimated cost to have the rubbish removed.
- If the tenant fails to remove all the rubbish within the time specified or does not pay the alternative monetary order, being the estimated costs to have the rubbish removed, then the landlord may undertake the work and claim the costs of doing the work up to the monetary limit of $2,895.80: sections 78(2AAB) and 78(2AAC)(a) of the Act.