Published tribunal order
Tenancy Tribunal case 4870905 — Smoke alarms at 77 Te Irirangi Drive, Clover Park, Auckland 2019
Decided 9 May 2024 · Published 9 May 2024 · Application 4870905
Mixed / unclear
- Smoke alarms
Order
- The tenant must carry out the following work to the premises, which must be completed by Friday, 17 May 2024: a. Mowing the lawn and clearing the gardens.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $1000.00 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 $1000.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Only the landlord attended the hearing.
- The landlord claims that the tenant has failed to keep the outside of the premises reasonable clean and tidy by failing to attend to the lawns and gardens. 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?
- Having heard the evidence and seen the photographs provided, I am satisfied that the tenant has failed to keep the outside of the premises clean and tidy. The lawns and gardens require significant work.
- The alternative money order and the cap on the amount the landlord can charge to remedy the breach are both set at a rate which should allow the landlord to attend to these issues.