Published tribunal order
Tenancy Tribunal case 4963173 — Tenancy dispute at 5 Suffolk Place, Cannons Creek, Porirua 5024
Decided 4 Sept 2024 · Published 4 Sept 2024 · Application 4963173
Mixed / unclear
Order
- The tenant must carry out the following work to the premises, which must be completed by the end of Friday 13 September 2024: Remove from the premises all rubbish and building materials including, ladders, scaffolding, corrugated iron, and wood.
- As an alternative to compliance with Order 1, the tenant must pay the landlord $1,000.00 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 $1,600.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The hearing was conducted on Microsoft Teams.
- Jan Maturan-Abuid attended the hearing by telephone for the landlord.
- The Tribunal telephoned the tenant, but they did not answer. The hearing proceeded in the tenant’s absence.
- The landlord has applied for a work order against the tenant requiring him to remove building materials and rubbish.
- The tenant or his associates have placed large pieces of wood, a long ladder, scaffolding poles, corrugated iron, and other rubbish, up against the premises’ boundary fences
- The landlord wants the rubbish and other items removed.
- Under s 40(1)(c) of the Residential Tenancies Act 1986, the tenant keep the premises reasonably clean and reasonably tidy.
- Where the Tribunal finds the tenant has failed to comply with this obligation, where appropriate it may make an order for the tenant to carry work to remedy the breach pursuant to s 78(1)(e) of the 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. 1
- 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 fails to comply with the work order and alternative monetary order. The Tribunal must impose a monetary limit on the costs the landlord can charge. These costs can be treated as rent in arrears and enforced accordingly. 2
- The landlord produced photographs and correspondence that proved the tenant has failed in his duty to keep the premises reasonably clean and tidy by stacking building construction materials, tools, and rubbish against the property’s boundary fences.
- The Tribunal orders the tenant to remove these items.
- The tenant does not consent to the work order, so an alternative monetary order is made. 1 Residential Tenancies Act 1986 (RTA), ss 78(2) and 78(2AA). 2 RTA, ss 78(2AAB) and 78(2AAC)(a).
- The landlord provided an estimate for he works if the tenant does not comply of $1,500.00.
- It is appropriate to make the orders set out in the order above.