What was the outcome of Tenancy Tribunal case 4870908?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4870908?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4870908?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 4870908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10390393-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4870908?

The tribunal order states: The tenant’s application is dismissed.

How much money was awarded in case 4870908?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4870908?

The primary dispute was State of repair.

Where can I read the official tribunal order for case 4870908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10390393-Tenancy_Tribunal_Order.pdf.

16 Savage Street, Westmere, Auckland 1022 Tenancy Tribunal Case 4870908 — State of repair

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Reasons

Both parties attended the hearing. The landlord was represented by Ms Perese.

The tenant has filed an application in the Tribunal for an order that the landlord erect a fence at the front of his property, ideally to the height of 1.8 metres.

The tenancy is a classic Auckland 1950’s semi-detached state house (one tenancy on either side) situated at the end of a cul de sac in Westmere.

The tenant explained that he has an avocado tree on his property that only started fruiting in the last two years, and over this last summer people had entered his property to take the avocados, mostly when they were very small and not ripe. He also had concerns that someone may have entered his property by climbing over a side or back fence.

The tenant is concerned about security and would like a fence installed in the front of the property, ideally to a height of 1.8 metres.

At the hearing it also became apparent that while there is a fence along the side of and back of the property, the tenant would like higher fences installed because: a. A neighbour appears to be storing a huge amount of items up against the side fence; and b. He previously had a dog and would like to get another dog, but the back fence is not high enough to contain a dog effectively.

The tenant said that he had raised the issue with his housing manager. However Ms Perese explained that the landlord had no record of any discussions regarding a fence until after this application was filed. She said that the landlord considers requests by tenants for fences on a case by case basis.

Landlords are under an obligation to provide and maintain properties in a reasonable state of repair (see section 45(1) of the Residential Tenancies Act 1986), and must comply with various legislation to ensure health and safety. Where a property has existing fencing there is an obligation on the landlord to maintain that fencing, but there is no obligation on a landlord to erect fencing at the request of a tenant.

It is unfortunate that the parties have not yet been able to have discussions as to how best to address Mr MacGregor’s concerns. Ms Perese advised that she landlord is very willing to meet with Mr MacGregor to find out more information and to discuss with him directly.

In the circumstances I am unable to make any orders today but I encourage the parties to meet as soon as possible.

Reasons

Both parties attended the hearing. The landlord was represented by Ms Perese.

The tenant has filed an application in the Tribunal for an order that the landlord erect a fence at the front of his property, ideally to the height of 1.8 metres.

The tenancy is a classic Auckland 1950’s semi-detached state house (one tenancy on either side) situated at the end of a cul de sac in Westmere.

The tenant is concerned about security and would like a fence installed in the front of the property, ideally to a height of 1.8 metres.

In the circumstances I am unable to make any orders today but I encourage the parties to meet as soon as possible.

Tenancy Tribunal case 4870908 — State of repair at 16 Savage Street, Westmere, Auckland 1022

At a glance

Tenancy Tribunal case 4870908 — State of repair at 16 Savage Street, Westmere, Auckland 1022

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