Published tribunal order
Tenancy Tribunal case 4981329 — Smoke alarms at 18 Rawhiti Road, One Tree Hill, Auckland 1061
Decided 27 Feb 2025 · Published 27 Feb 2025 · Application 4981329
Mixed / unclear
- Smoke alarms
Order
- The tenant must carry out the following work to the premises, which must be completed by 4pm on Friday, 14 March 2025: the lawns of the premises must be slashed / mowed so that the lawns are reasonably tidy.
- As an alternative to compliance with Order 1, the tenant must pay the landlord $2,000.00 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 $2,000.00 (inclusive of GST). These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Ms Perese attended the hearing for the landlord via video conference. The tenant did not attend hearing. The Tribunal telephoned the tenant several times. However, the calls were unanswered. The tenant has not communicated with the Tribunal regarding why she would not attend the hearing. The hearing proceeded in her absence.
- The landlord claims that the tenant is in breach of the tenancy agreement and the Residential Tenancies Act 1986 (RTA) by failing to keep the lawns reasonably tidy. The landlord wants the problem fixed.
- The tenant is obliged to keep the lawns tidy. Sections 40(1)(a)-(e) of the RTA provides that tenants have specific obligations in relation to the tenancy premises including that the tenant must “keep the premises reasonably clean and tidy”. 1 “Premises” includes land. 2
- In addition, clause 16 of the tenancy agreement provides “[a]s a Kainga Ora tenant, you are required to “... keep your home and grounds tidy”.
- Section 78(1)(e) of the RTA provides that where the Tribunal finds the tenant has failed to comply with their obligations under the tenancy agreement or the RTA and it is appropriate to do so, it may make an order for the tenant to carry out the work.
- 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.)
- The landlord has provided photographic evidence taken on 21 February 2025 which shows the lawns are significantly overgrown and unkept.
- I find that the tenant has breached clause 16 of the tenancy agreement and subsection 40(1)(c) of the RTA by failing to keep the grounds reasonably clean and tidy and make the work orders set out above.