What was the outcome of Tenancy Tribunal case 5046528?

The tribunal order states: The tenant is ordered to tidy the property inside and outside by 19 December

How much money was awarded in case 5046528?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5046528?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5046528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11193243-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5046528?

The tribunal order states: The tenant is ordered to tidy the property inside and outside by 19 December

How much money was awarded in case 5046528?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5046528?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5046528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11193243-Tenancy_Tribunal_Order.pdf.

50 Otara Road, Otara, Auckland 2023 Tenancy Tribunal Case 5046528 — 14-day notice

Order

The tenant is ordered to tidy the property inside and outside by 19 December 2024, including removing all items in and around the carport.
If the tenant does not tidy the property as ordered in 2) above, the landlord may do so.
Any reasonable costs incurred by the landlord in tidying the property will be paid by the tenant on the following conditions: a. The landlord must notify the tenant of the costs within one month of the costs being incurred. b. If the tenant believes the costs are unreasonable, she may apply to the Tribunal to determine the reasonable costs. c. Any application that the tenant makes disputing the costs under 4 b) above, must be made within one month of the landlord notifying the tenant of the amount of the costs.

Reasons

Both parties attended the hearing, which was conducted remotely.
The landlord alleges that the tenant is breaching two conditions of the tenancy agreement: a. Keeping the premises reasonably clean and tidy; and b. Keeping two dogs at the property without the consent of the landlord.
Under section 56 of the Act, where the tenant has breached their obligations and it is a breach capable of remedy, the landlord may apply for a termination of the tenancy, if they have given the tenant notice of the breach and at least 14 days to remedy the breach.
In this case, the landlord is not seeking to terminate; they simply want the issues addressed. Clean and Tidy
Under section 40(1)(c), a tenant must keep the premises reasonably clean and tidy.
On 30 July 2024 the landlord gave the tenant a 14-day notice to: • Clean and tidy up the interior of the home • Clean the carpets and tidy up the rooms • Clean the Toilets and Bathrooms • Clean up the front and backyard.
The landlord produced photographs of an inspection report showing that the inside of the premises were very messy, and not clean. Other photos showed showing a lot of rubbish about the outside of the property, along with a gas cylinder. There is rubbish strewn down the outside steps. There is a mixture of sheets and tarpaulins hung around the carport which has furniture, a fishing net, pool table, fridge, a tyre and other items in there.
The landlord wants the tenant to clean up the property or to pay for the landlord to do so. It may need a skip or a trailer to clear everything away.
Under section 78(1)(e), the Tribunal may make a work order. This jurisdiction is usually exercised against a landlord, but under section 2, a “work order” is defined as follows: means an order by the Tribunal to carry out any repairs to any premises or to any chattels, or to rectify any deficiency in the performance of any services, by doing such work or attending to such matters (including the replacement of chattels) as may be specified in the order
Although such orders are usually made against a landlord, that is not specified in the Act. Section 78(2) says that where a work order is made against a party, the Tribunal may at the same time make an alternative order under subsection 1(d). That subsection gives the Tribunal the power to order a party to make a payment of money to the other party.
The Tribunal orders the tenant to tidy the property inside and outside, including removing all items in and around the carport by 19 December 2024. 1 If she fails to do so, the landlord may undertake the work themselves, and any reasonable costs must be paid by the tenant.
If the landlord incurs any cost, the amount must be made known to the tenant within one month of the expense being incurred. If the tenant does not believe the cost is reasonable, she may apply to the Tribunal to have the reasonable costs decided, however, if she decides to do that, any application must be made within one month of the landlord notifying the tenant. Dogs
On 30 August 2024 the landlord issued a breach notice, which included the following: When you signed your tenancy agreement, you agreed under Section 30 (see attached RTA) that you are not allowed to keep pets or other animals at the premises unless you have asked us and we have agreed in writing that you can. We have been trying to contact you to talk about dogs seen at the property that need to be removed. Unfortunately, this means that you are not meeting the conditions of your tenancy agreement. We are giving you 14 days’ notice to fix this.
At that time there were two dogs on the premises. The tenant advised at the hearing that one has now been removed.
The tenant said that it is not her dog. Therefore, it should not be difficult for her to have the owner uplift it. The tenant is ordered to have the dog removed from the property by 19 December 2024.
There is no jurisdiction for the Tribunal to order that animal control authorities may uplift the dog.
Kāinga Ora–Homes And Communities do not seek reimbursement of the filing fee. 1 At the hearing, the date give was 12 December, but because of the delay in issuing this decision, that date has been extended to 19 December, meaning the tenant has now had a further 2 weeks since the date of the hearing.
The tenant must understand that if she does not comply with her obligations under the Residential Tenancies Act, she may find her tenancy is terminated.

Order

The tenant is ordered to tidy the property inside and outside by 19 December 2024, including removing all items in and around the carport.
If the tenant does not tidy the property as ordered in 2) above, the landlord may do so.
Any reasonable costs incurred by the landlord in tidying the property will be paid by the tenant on the following conditions: a. The landlord must notify the tenant of the costs within one month of the costs being incurred. b. If the tenant believes the costs are unreasonable, she may apply to the Tribunal to determine the reasonable costs. c. Any application that the tenant makes disputing the costs under 4 b) above, must be made within one month of the landlord notifying the tenant of the amount of the costs.

Reasons

Both parties attended the hearing, which was conducted remotely.
The landlord alleges that the tenant is breaching two conditions of the tenancy agreement: a. Keeping the premises reasonably clean and tidy; and b. Keeping two dogs at the property without the consent of the landlord.
Under section 56 of the Act, where the tenant has breached their obligations and it is a breach capable of remedy, the landlord may apply for a termination of the tenancy, if they have given the tenant notice of the breach and at least 14 days to remedy the breach.
In this case, the landlord is not seeking to terminate; they simply want the issues addressed. Clean and Tidy
Under section 40(1)(c), a tenant must keep the premises reasonably clean and tidy.
On 30 July 2024 the landlord gave the tenant a 14-day notice to: • Clean and tidy up the interior of the home • Clean the carpets and tidy up the rooms • Clean the Toilets and Bathrooms • Clean up the front and backyard.
The landlord produced photographs of an inspection report showing that the inside of the premises were very messy, and not clean. Other photos showed showing a lot of rubbish about the outside of the property, along with a gas cylinder. There is rubbish strewn down the outside steps. There is a mixture of sheets and tarpaulins hung around the carport which has furniture, a fishing net, pool table, fridge, a tyre and other items in there.
The landlord wants the tenant to clean up the property or to pay for the landlord to do so. It may need a skip or a trailer to clear everything away.
Under section 78(1)(e), the Tribunal may make a work order. This jurisdiction is usually exercised against a landlord, but under section 2, a “work order” is defined as follows: means an order by the Tribunal to carry out any repairs to any premises or to any chattels, or to rectify any deficiency in the performance of any services, by doing such work or attending to such matters (including the replacement of chattels) as may be specified in the order
Although such orders are usually made against a landlord, that is not specified in the Act. Section 78(2) says that where a work order is made against a party, the Tribunal may at the same time make an alternative order under subsection 1(d). That subsection gives the Tribunal the power to order a party to make a payment of money to the other party.
The Tribunal orders the tenant to tidy the property inside and outside, including removing all items in and around the carport by 19 December 2024. 1 If she fails to do so, the landlord may undertake the work themselves, and any reasonable costs must be paid by the tenant.
If the landlord incurs any cost, the amount must be made known to the tenant within one month of the expense being incurred. If the tenant does not believe the cost is reasonable, she may apply to the Tribunal to have the reasonable costs decided, however, if she decides to do that, any application must be made within one month of the landlord notifying the tenant. Dogs
On 30 August 2024 the landlord issued a breach notice, which included the following: When you signed your tenancy agreement, you agreed under Section 30 (see attached RTA) that you are not allowed to keep pets or other animals at the premises unless you have asked us and we have agreed in writing that you can. We have been trying to contact you to talk about dogs seen at the property that need to be removed. Unfortunately, this means that you are not meeting the conditions of your tenancy agreement. We are giving you 14 days’ notice to fix this.
At that time there were two dogs on the premises. The tenant advised at the hearing that one has now been removed.
The tenant said that it is not her dog. Therefore, it should not be difficult for her to have the owner uplift it. The tenant is ordered to have the dog removed from the property by 19 December 2024.
There is no jurisdiction for the Tribunal to order that animal control authorities may uplift the dog.
Kāinga Ora–Homes And Communities do not seek reimbursement of the filing fee. 1 At the hearing, the date give was 12 December, but because of the delay in issuing this decision, that date has been extended to 19 December, meaning the tenant has now had a further 2 weeks since the date of the hearing.
The tenant must understand that if she does not comply with her obligations under the Residential Tenancies Act, she may find her tenancy is terminated.

Tenancy Tribunal case 5046528 — 14-day notice at 50 Otara Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5046528 — 14-day notice at 50 Otara Road, Otara, Auckland 2023

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions