What was the outcome of Tenancy Tribunal case 4995548?

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 4995548?

To Comply With Either Order 1 Above,…: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4995548?

The dispute type was not classified.

Where can I read the official tribunal order for case 4995548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10991213-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4995548?

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 4995548?

To Comply With Either Order 1 Above,…: $1,500.00 awarded to landlord

What type of tenancy dispute was case 4995548?

The dispute type was not classified.

Where can I read the official tribunal order for case 4995548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10991213-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 10 Spooner Lane, Mount Wellington, Auckland Tenancy Tribunal Case 4995548 — Tenancy dispute

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Unit/Flat 2, 10 Spooner Lane, Mount Wellington, Auckland Tenancy Tribunal Case 4995548 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4995548. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo	$1,500.00		to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo

Claims and awards for application 4995548. Verify on MoJ.

to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo

Amount: $1,500.00
Awarded to: Landlord
Reason: to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo

Order

The tenant must carry out the following work to the premises, which must be completed by 5pm Monday 4 November 2024. a. Removal of all rubbish, junk, whiteware and building materials outside the property situated at 2/10 Spooner Lane, Mount Wellington, Auckland to the satisfaction of the landlord.
If the tenant fails to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $1,500.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing by remote teleconference. An attempt to contact the tenant on the telephone number provided was unsuccessful.
The landlord claims that the tenant erected a structure outside the premises. This structure was unlawful and without consent and has since been removed. The landlord has credited the tenant for undertaking a significant amount of work addressing the issue however has provided photographic evidence of the need for further work to remove whiteware, building materials and other junk from outside the property.
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.
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.
Based on the photographic evidence filed in support by the landlord I am satisfied that the tenant has breached her obligations in this regard.
The landlord’s claim is allowed.
The landlord is not seeking reimbursement of the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4995548. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo	$1,500.00		to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo

Claims and awards for application 4995548. Verify on MoJ.

to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo

Amount: $1,500.00
Awarded to: Landlord
Reason: to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo

Order

The tenant must carry out the following work to the premises, which must be completed by 5pm Monday 4 November 2024. a. Removal of all rubbish, junk, whiteware and building materials outside the property situated at 2/10 Spooner Lane, Mount Wellington, Auckland to the satisfaction of the landlord.
If the tenant fails to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $1,500.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing by remote teleconference. An attempt to contact the tenant on the telephone number provided was unsuccessful.
The landlord claims that the tenant erected a structure outside the premises. This structure was unlawful and without consent and has since been removed. The landlord has credited the tenant for undertaking a significant amount of work addressing the issue however has provided photographic evidence of the need for further work to remove whiteware, building materials and other junk from outside the property.
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.
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.
Based on the photographic evidence filed in support by the landlord I am satisfied that the tenant has breached her obligations in this regard.
The landlord’s claim is allowed.
The landlord is not seeking reimbursement of the filing fee.

Tenancy Tribunal case 4995548 — Tenancy dispute at Unit/Flat 2, 10 Spooner Lane, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 4995548 — Tenancy dispute at Unit/Flat 2, 10 Spooner Lane, Mount Wellington, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions