Published tribunal order
Tenancy Tribunal case 5059217 — Tenancy dispute at 26 Sherborne Drive, Rolleston, Rolleston 7615
Decided 3 Dec 2024 · Published 3 Dec 2024 · Application 5059217
Mixed / unclear
Order
- The tenant must carry out the following work to the premises, which must be completed by Friday 13 December 2024 a. Removal of all exterior rubbish at the premises
- As an alternative to compliance with Order 2, the tenant must pay the landlord $596.00 immediately.
- If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $600.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Only the applicant landlord attended the hearing. The respondent tenants were called on the numbers provided, and the calls went to answerphone. The file records that the tenants have been sent notice of today’s hearing and they have not contacted the Tribunal seeking an adjournment, so the hearing proceeded in their absence.
- The landlord claims that the tenants have breached their obligations to keep the premises reasonably clean and tidy. 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 their 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. 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?
- Section 40 (1)(c) states that the tenant shall keep the premises reasonably clean and reasonably tidy. Premises includes any part of the premises and any land.
- The landlord claims that the tenant has kept the premises clean and tidy as there is a large pile of rubbish on the premises which is causing a nuisance. The landlord stated that this has been an ongoing problem. The tenants were sent a notice to remedy the rubbish problem in September 2024. The tenants did not comply with the notice and since then rubbish has been added to the pile. The landlord provided council breach notices which date back to 2023, photographs and a copy of the notice to remedy. The landlord wants the problem fixed.
- Having considered the evidence I am satisfied that the tenants have breached their obligations.
- The landlord requires that the rubbish be removed by 13 December 2024 or alternatively the landlord will arrange to remove the rubbish and charge the tenant for this. The landlord gave evidence that the cost of removal will be $596.00 for approximately 4 cubic metres of rubbish at $149.00 per cubic metre. Orders are made accordingly.