Published tribunal order
Tenancy Tribunal case 4922234 — Cleanliness at 89 Bader Street, Bader, Hamilton 3206
Decided 9 Jan 2025 · Published 9 Jan 2025 · Application 4922234
Mixed / unclear
- Cleanliness
Order
- The tenant must carry out the following work to the premises, which must be completed by 5:00pm on 30 January 2025: a. Remove and dispose of all rubbish on the grounds of the premises (this is to include any structures erected by the tenant on the grounds); b. Slash long lawns and remove grass clippings; and c. Ensure the lawn and the grounds are reasonably clean and tidy;
- As an alternative to compliance with Order 1, the tenant must pay the landlord $6,228.21 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 $6,228.21. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Ms Thompson-Wise attended the hearing, which was held by telephone, on behalf of the landlord. The tenant did not attend the hearing. The tenant has not communicated with the Tribunal as to why she would not attend the hearing and the hearing proceeded in the tenant’s absence.
- The landlord claims that the tenant has breached her obligations under the tenancy agreement and the Residential Tenancies Act 1986 (RTA) by failing to ensure the grounds of the premises are reasonably clean and tidy. The landlord is seeking a works order to remedy this breach.
- Clause 16 of the tenancy agreement between the parties provides that the tenant is obliged to keep the premises including the grounds of the premises tidy. This obligation is consistent with section 40(1)(c) of the RTA which provides that tenants are responsible for keeping the premises (which includes any land provided with the premises) reasonably clean and tidy.
- Where the Tribunal finds the tenant has failed to comply with any of their obligations under section 40(1)(a)-(e) of the RTA and it is appropriate to do so, the Tribunal may make an order for the tenant to carry out the work. (See section 78(1)(e) of the RTA.)
- 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) of the RTA.)
- 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) of the RTA.)
Has the tenant failed to comply with her obligations?
- Ms Thompson-Wise has provided several photographs of the premises showing that there is a significant amount of rubbish on the grounds. The photographs also show a structure, commonly known as a “lean to”, which Ms Thompson-Wise says the tenant has erected without permission. Ms Thompson-Wise was asked for photographs of the premises at the start of the tenancy. Ms Thompson-Wise advised that at the time the tenancy started (June 2014) the landlord’s practice was to complete pre-tenancy reports without photographs and advised that the pre-tenancy report for this tenancy is not available.
- Ms Thompson-Wise said that she has worked for the landlord since 2012 and that during the time the landlord has always ensured that prior to letting a premise, all rubbish from the former tenancy is removed. I accept this evidence and find that the tenant is responsible for the rubbish on the grounds and the lean to. I find that the tenant has breached clause 16 of the tenancy agreement and sub section 40(1)(c) of the RTA.
- Ms Thompson-Wise has provided a quotation from an external company to perform the work referred to in Order 1 above. The amount quoted is $6,228.21, including GST. Given the amount of rubbish on the premises and the likely work involved in removing and disposing of it, I consider this sum to be reasonable. I have used the quotation sum as the amount to impose for the alternative monetary order and as the limit for changes the landlord may claim for carrying out the work.