What was the outcome of Tenancy Tribunal case 4884222?

The tribunal order states: The landlord and its agents may enter the premises between 7am and 7pm on

How much money was awarded in case 4884222?

Egal Structure From The Premises. 3.…: $5,000.00 awarded to landlord

What type of tenancy dispute was case 4884222?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4884222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10404877-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4884222?

The tribunal order states: The landlord and its agents may enter the premises between 7am and 7pm on

How much money was awarded in case 4884222?

Egal Structure From The Premises. 3.…: $5,000.00 awarded to landlord

What type of tenancy dispute was case 4884222?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4884222?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10404877-Tribunal_Order.pdf.

26B Johnstones Road, Otara, Auckland 2023 Tenancy Tribunal Case 4884222 — 14-day notice

Claims and awards in Tenancy Tribunal application 4884222. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
egal structure from the premises. 3. The landlord may charge the tenant the reasonable costs of removing the illegal str	$5,000.00		egal structure from the premises. 3. The landlord may charge the tenant the reasonable costs of removing the illegal str

Order

The landlord and its agents may enter the premises between 7am and 7pm on any day specified in a notice given not less than 12 hours before the intended entry for the purpose of removing the illegal structure from the premises.
The landlord and its agents are authorised to perform work to remove the illegal structure from the premises.
The landlord may charge the tenant the reasonable costs of removing the illegal structure up to $5,000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing today.
The landlord has applied for a work order, authorising the removal of a structure the tenant has built in the garden of the premises, and to charge the tenant for its removal.
On 28 February 2024, the landlord gave the tenant 14 days’ written notice to remove an illegal structure at the premises.
On 16 April 2024, the landlord wrote to the tenant requesting a meeting to discuss the illegal structure he had built at the back of the premises. The tenant did not attend at the time scheduled for the meeting.
The Council have issued a dangerous building notice under section 124 of the Building Act 2004. This means the Council is satisfied that the building is likely to cause injury or death to any persons in it or on other property, or damage to other property. The notice states (in part): The building has been assembled from pallets and second-hand materials to form a structure where a person resides within and has a washing machine, fridge and a bath at the top of the structure. The construction is of [a] poor standard with no consideration for foundations, wall construction and bracing which [will] be compromising the property adjacent when it collapses, posing a risk for the person inside the building or persons at the neighbouring properties.
The Council has directed that the structure be removed. The landlord says the structure is 6-7 metres high and the tenant is running power cords from the main house to the structure. The landlord believes he has moved electrical items inside the structure and sleeps there. A washing machine can be seen within the structure.
The tenancy agreement provides that the tenant must obtain the landlord’s written permission before building structures such as sheds, sleepouts, or garages.
I find that the tenant is in breach of the tenancy agreement because he has constructed an illegal and unsafe structure at the premises and has not obtained the landlord’s written consent.
The Tribunal has jurisdiction to make a work order requiring the tenant to carry out any repairs to any premises or to rectify the deficiency in the performance of any services, by doing such work as may be specified. The Tribunal also has the power to order a tenant to do anything necessary to remedy a breach of any express or implied provision of the tenancy agreement, and to make orders of a consequential or ancillary nature necessary to exercise, or perfect the exercise, of its jurisdiction (sections 77 and 78 of the Residential Tenancies Act).
A work order may include a provision authorising the party in whose favour the order is made to undertake any work covered by the order if the order is not complied with by the other party, and to charge the cost of undertaking the work to the other party. These costs can be treated as rent in arrears and be enforced accordingly (section 78(2AAB)).
In this case, it is unlikely that the tenant will comply with any work order, because the evidence presented by the landlord shows that he has avoided attending meetings to discuss the issue and, despite the intervention of family members, has no intention of removing the structure. The situation is urgent given the apparent health and safety risks posed by the illegal building. It would be superfluous to make a work order which only enables the landlord to carry out work to remove the structure if the tenant first fails to do so.
A work order is made authorising the landlord to enter the premises and remove the structure on 12 hours’ notice. This is necessary to provide an effective remedy, to ensure the work is done safely, and to perfect the Tribunal’s jurisdiction.
The landlord may charge the reasonable cost of undertaking that work to the tenant, up to a maximum sum of $5,000.00. Amendment on 31 May 2024
The original order did not clearly specify that the landlord is authorised to both enter the premises and remove the illegal structure. This has now been clarified in the orders made above.
The reasons given for the order have not changed.

Claims and awards in Tenancy Tribunal application 4884222. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
egal structure from the premises. 3. The landlord may charge the tenant the reasonable costs of removing the illegal str	$5,000.00		egal structure from the premises. 3. The landlord may charge the tenant the reasonable costs of removing the illegal str

Order

The landlord and its agents may enter the premises between 7am and 7pm on any day specified in a notice given not less than 12 hours before the intended entry for the purpose of removing the illegal structure from the premises.
The landlord and its agents are authorised to perform work to remove the illegal structure from the premises.
The landlord may charge the tenant the reasonable costs of removing the illegal structure up to $5,000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing today.
The landlord has applied for a work order, authorising the removal of a structure the tenant has built in the garden of the premises, and to charge the tenant for its removal.
On 28 February 2024, the landlord gave the tenant 14 days’ written notice to remove an illegal structure at the premises.
On 16 April 2024, the landlord wrote to the tenant requesting a meeting to discuss the illegal structure he had built at the back of the premises. The tenant did not attend at the time scheduled for the meeting.
The Council have issued a dangerous building notice under section 124 of the Building Act 2004. This means the Council is satisfied that the building is likely to cause injury or death to any persons in it or on other property, or damage to other property. The notice states (in part): The building has been assembled from pallets and second-hand materials to form a structure where a person resides within and has a washing machine, fridge and a bath at the top of the structure. The construction is of [a] poor standard with no consideration for foundations, wall construction and bracing which [will] be compromising the property adjacent when it collapses, posing a risk for the person inside the building or persons at the neighbouring properties.
The Council has directed that the structure be removed. The landlord says the structure is 6-7 metres high and the tenant is running power cords from the main house to the structure. The landlord believes he has moved electrical items inside the structure and sleeps there. A washing machine can be seen within the structure.
The tenancy agreement provides that the tenant must obtain the landlord’s written permission before building structures such as sheds, sleepouts, or garages.
I find that the tenant is in breach of the tenancy agreement because he has constructed an illegal and unsafe structure at the premises and has not obtained the landlord’s written consent.
The Tribunal has jurisdiction to make a work order requiring the tenant to carry out any repairs to any premises or to rectify the deficiency in the performance of any services, by doing such work as may be specified. The Tribunal also has the power to order a tenant to do anything necessary to remedy a breach of any express or implied provision of the tenancy agreement, and to make orders of a consequential or ancillary nature necessary to exercise, or perfect the exercise, of its jurisdiction (sections 77 and 78 of the Residential Tenancies Act).
A work order may include a provision authorising the party in whose favour the order is made to undertake any work covered by the order if the order is not complied with by the other party, and to charge the cost of undertaking the work to the other party. These costs can be treated as rent in arrears and be enforced accordingly (section 78(2AAB)).
In this case, it is unlikely that the tenant will comply with any work order, because the evidence presented by the landlord shows that he has avoided attending meetings to discuss the issue and, despite the intervention of family members, has no intention of removing the structure. The situation is urgent given the apparent health and safety risks posed by the illegal building. It would be superfluous to make a work order which only enables the landlord to carry out work to remove the structure if the tenant first fails to do so.
A work order is made authorising the landlord to enter the premises and remove the structure on 12 hours’ notice. This is necessary to provide an effective remedy, to ensure the work is done safely, and to perfect the Tribunal’s jurisdiction.
The landlord may charge the reasonable cost of undertaking that work to the tenant, up to a maximum sum of $5,000.00. Amendment on 31 May 2024
The original order did not clearly specify that the landlord is authorised to both enter the premises and remove the illegal structure. This has now been clarified in the orders made above.
The reasons given for the order have not changed.

Tenancy Tribunal case 4884222 — 14-day notice at 26B Johnstones Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4884222 — 14-day notice at 26B Johnstones Road, Otara, Auckland 2023

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