What was the outcome of Tenancy Tribunal case 4949255?

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 4949255?

Mply With Order 1 Above, Then The La…: $2,707.97 awarded to landlord

What type of tenancy dispute was case 4949255?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4949255?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920878-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4949255?

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 4949255?

Mply With Order 1 Above, Then The La…: $2,707.97 awarded to landlord

What type of tenancy dispute was case 4949255?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4949255?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920878-Tenancy_Tribunal_Order.pdf.

Unit/Flat 26, 126 Landscape Road, Mount Eden, Auckland Tenancy Tribunal Case 4949255 — Smoke alarms

Order

Claims and awards in Tenancy Tribunal application 4949255. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$2,707.97		mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

The tenant must carry out the following work to the premises, which must be completed by the end of the day on 4 th November 2024: a. Remove the fence erected at the premises; and b. Remove the accumulated clutter and rubbish at the premises.

If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $2,707.97. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the hearing.

The landlord claims that the tenant breached his obligation to keep the premises reasonably clean and tidy and that the tenant built a fence creating an obstruction from means of escape from fire. 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?

The landlord provided photos to prove that the tenant had built a fence in the communal area that could potentially block him or others from escaping from fire.

The tenant accepted that he had built the fence during COVID-19 pandemic to keep himself safe. He said that it was a gate and that he usually has it open.

The photos provided proved that there was also clutter in the communal area.

There was also a shed that the landlord wanted removed. The tenant said that the shed had wheels and was moved away from the communal space. I accept that the shed can stay unless there is something more from the landlord to prove that it is illegal.

I find that the landlord has proven that the fence(gate) is interfering with the means of escape from fire under the Building Act 2004. This is something that is prohibited under section 40(2)(ab) of the Residential Tenancies Act 1986.

I also find that the landlord has proven that the premises is not being kept reasonably clean and tidy.

By the end of the day on 4 th November 2024, the tenant must remove the fence erected at the premises and remove the accumulated clutter and rubbish from the premises.

If the tenant fails to comply with the work order, then the landlord may undertake the work and charge the tenant the costs of this work up to $2,707.97. The landlord had provided a quote to substantiate the costs involved with removing the tenant’s fence and clutter.

No order is made in relation to the shed itself. The tenant must ensure that it is placed so that it is not in the way of any fire escape. That will ensure the safety of himself and other neighbours.

Claims and awards in Tenancy Tribunal application 4949255. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$2,707.97		mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

Order

The tenant must carry out the following work to the premises, which must be completed by the end of the day on 4 th November 2024: a. Remove the fence erected at the premises; and b. Remove the accumulated clutter and rubbish at the premises.
If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $2,707.97. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the hearing.
The landlord claims that the tenant breached his obligation to keep the premises reasonably clean and tidy and that the tenant built a fence creating an obstruction from means of escape from fire. 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?

The landlord provided photos to prove that the tenant had built a fence in the communal area that could potentially block him or others from escaping from fire.
The tenant accepted that he had built the fence during COVID-19 pandemic to keep himself safe. He said that it was a gate and that he usually has it open.
The photos provided proved that there was also clutter in the communal area.
There was also a shed that the landlord wanted removed. The tenant said that the shed had wheels and was moved away from the communal space. I accept that the shed can stay unless there is something more from the landlord to prove that it is illegal.
I find that the landlord has proven that the fence(gate) is interfering with the means of escape from fire under the Building Act 2004. This is something that is prohibited under section 40(2)(ab) of the Residential Tenancies Act 1986.
I also find that the landlord has proven that the premises is not being kept reasonably clean and tidy.
By the end of the day on 4 th November 2024, the tenant must remove the fence erected at the premises and remove the accumulated clutter and rubbish from the premises.
If the tenant fails to comply with the work order, then the landlord may undertake the work and charge the tenant the costs of this work up to $2,707.97. The landlord had provided a quote to substantiate the costs involved with removing the tenant’s fence and clutter.
No order is made in relation to the shed itself. The tenant must ensure that it is placed so that it is not in the way of any fire escape. That will ensure the safety of himself and other neighbours.

Tenancy Tribunal case 4949255 — Smoke alarms at Unit/Flat 26, 126 Landscape Road, Mount Eden, Auckland

At a glance

Tenancy Tribunal case 4949255 — Smoke alarms at Unit/Flat 26, 126 Landscape Road, Mount Eden, Auckland

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions