What was the outcome of Tenancy Tribunal case 4923953?

The tribunal order states: The tenant must carry out the following work to the premises, which must be

How much money was awarded in case 4923953?

Rtake The Work (Including Providing…: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4923953?

The primary dispute was 14-day notice. Related themes: Smoke alarms, Cleanliness, Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 4923953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10839688-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4923953?

The tribunal order states: The tenant must carry out the following work to the premises, which must be

How much money was awarded in case 4923953?

Rtake The Work (Including Providing…: $1,000.00 awarded to landlord

What type of tenancy dispute was case 4923953?

The primary dispute was 14-day notice. Related themes: Smoke alarms, Cleanliness, Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 4923953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10839688-Tenancy_Tribunal_Order.pdf.

Unit/Flat 105, 691E Mount Albert Road, Royal Oak, Tenancy Tribunal Case 4923953 — 14-day notice

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Order

Claims and awards in Tenancy Tribunal application 4923953. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
rtake the work (including providing temporary storage of the tenant’s goods) and charge the tenant the costs of this wor	$1,000.00		rtake the work (including providing temporary storage of the tenant’s goods) and charge the tenant the costs of this wor

The tenant must carry out the following work to the premises, which must be completed by 5pm on Friday, 20 September 2024: a. Remove all items from the exterior access route in front of his unit to provide clear and unimpeded access/egress in the event of a fire and to prevent obstruction of fire sprinkler systems.

If the tenant fails to comply Order 1 above, then the landlord may undertake the work (including providing temporary storage of the tenant’s goods) and charge the tenant the costs of this work up to $1,000. These costs may be treated as rent in arrears and enforced accordingly.

By declaration, the tenant must allow the landlord and its contractors access to the premises for the purpose of inspecting damage to the exterior cladding and insulation, as required by s48 Residential Tenancies Act 1986.

The tenant must pay the landlord $20.44 immediately, being the filing fee on this application.

Reasons

The landlord attended the hearing by video.

The tenant did not attend. He did not connect to the hearing by the video link provided in the Notice of Hearing and did not answer a call made to his mobile phone during the hearing.

The landlord claims that the tenant is obstructing the fire egress route at this social housing complex. 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 or other means of escape from fire. 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?

The Salvation Army New Zealand Trust claims the tenant has removed or interfered with a means of escape from fire at the premises.

A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab) Residential Tenancies Act 1986. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms and sprinkler systems.

Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000.00. See section 40(3A)(b) and Schedule 1A Residential Tenancies Act 1986.

The landlord has not applied for exemplary damages in this instance. It just wants items removed that are blocking the fire escape route and interfering with the sprinkler system.

The landlord provided photographs of the fire escape route being cluttered and restricted by the tenant’s items. The landlord also provided a copy of one of the 14 day notices it has issued in respect of this matter and gave oral evidence in relation to the gravity of the breach, concerns around compliance with the Building Warrant of Fitness requirements and attempts to engage with the tenant.

I find that the tenant’s items are creating a safety risk in relation to the means of escape of the premises and must be removed.

The tenant must remove all items from the exterior access route in front of his unit to provide clear and unimpeded access/egress in the event of a fire and to prevent obstruction of fire sprinkler systems by 5pm on Friday, 20 September 2024.

The Salvation Army New Zealand Trust also has concerns about fixings/screws the tenant has drilled into the insulated panels which form the exterior cladding and insulation requirements for the dwelling.

Further investigation is required to properly assess this issue, but the landlord is having difficulty in arranging access for contractors.

A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.

If the tenant refuses access, without reasonable excuse it may be liable for exemplary damages up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.

The landlord has not applied for exemplary damages in the instance but wants access for its contractors to assess and advise on work required. The landlord is entitled to access as set out in section 48 Residential Tenancies Act.

Following the inspection, the landlord may make another application for repairs to the dwelling.

This application included discussion of other issues regarding cleanliness of the premises and other possible breaches by the tenant. Much of the information was provided for context. The landlord may bring further claims in relation to this tenancy but must clearly set out what it is claiming and why. Refer s77 & 78 RTA for the tribunal’s jurisdiction and orders that it can make.

As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 4923953. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
rtake the work (including providing temporary storage of the tenant’s goods) and charge the tenant the costs of this wor	$1,000.00		rtake the work (including providing temporary storage of the tenant’s goods) and charge the tenant the costs of this wor