What was the outcome of Tenancy Tribunal case 5070728?

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 5070728?

Mply With Order 1 Above, Then The La…: $5,000.00 awarded to landlord

What type of tenancy dispute was case 5070728?

The dispute type was not classified.

Where can I read the official tribunal order for case 5070728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11488151-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5070728?

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 5070728?

Mply With Order 1 Above, Then The La…: $5,000.00 awarded to landlord

What type of tenancy dispute was case 5070728?

The dispute type was not classified.

Where can I read the official tribunal order for case 5070728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11488151-Tenancy_Tribunal_Order.pdf.

27B O'Connor Street, Otara, Auckland 2023 Tenancy Tribunal Case 5070728 — Tenancy dispute

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Order

Claims and awards in Tenancy Tribunal application 5070728. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$5,000.00		mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

The tenant must carry out the following work to the premises, which must be completed by 5pm Wednesday 26 March 2025: a. Removal of all rubbish, junk, building materials, furniture, on the property situated at 27B O’Connor Street, Otara, Auckland to the satisfaction of the landlord. b. Removal of all non-permitted structures erected on the property to the satisfaction of the landlord. c. Removal of all dogs from the property. d. Removal of all inorganic rubbish from the grass area in front of the property. e. Removal of all inorganic rubbish on the driveway area. f. Removal of all items inside the carport. g. Removal of building materials that have been added to the carport and return the carport to its original state.

If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $5,000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing by remote teleconference. There was no attendance by the tenant. The tenant’s daughter answered the telephone and stated that her mother was overseas. The tenant’s daughter was not an approved representative. The hearing continued in the tenant’s absence.

The landlord claims that the tenant has let accumulate significant rubbish, junk, furniture and other items on the property. The tenant has also erected various structures on the property. These structures are unlawful and without consent and must be removed.

The landlord also states that there are several dogs being kept at the property. The tenant has not sought the approval from the landlord to have these dogs. The photographic evidence supplied by the landlord clearly shows several dogs residing at the property. The landlord also served the tenant with a 14-day notice to remedy on 30 October 2024 requesting the tenant to remove all dogs. The tenant has failed to remedy the breach.

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.

Order

Claims and awards in Tenancy Tribunal application 5070728. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$5,000.00		mply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

Reasons

Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.

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.

Tenancy Tribunal case 5070728 — Tenancy dispute at 27B O'Connor Street, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5070728 — Tenancy dispute at 27B O'Connor Street, Otara, Auckland 2023

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