What was the outcome of Tenancy Tribunal case 5078911?

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 5078911?

Th Either Order 1 Above, Then The La…: $6,000.00 awarded to landlord

What type of tenancy dispute was case 5078911?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5078911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11185899-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5078911?

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 5078911?

Th Either Order 1 Above, Then The La…: $6,000.00 awarded to landlord

What type of tenancy dispute was case 5078911?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5078911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11185899-Tenancy_Tribunal_Order.pdf.

17 Skipper Avenue, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5078911 — Smoke alarms

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Order

Claims and awards in Tenancy Tribunal application 5078911. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
th either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$6,000.00		th either 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 Monday 20 January 2025. a. Removal of the shed and all associated material as shown in the inspection photographic evidence dated 11 June 2024, appendix 60, page 29 at the property situated at 17 Skipper Avenue, Mount Roskill, Auckland to the satisfaction of the landlord. b. Removal of the large yellow tarpaulins affixed to the outside of the house. c. Removal of the large wooden posts holding up the tarpaulins. d. Removal of the corrugated shed and associated material constructed by the large tree in the backyard as shown in photographic evidence from June 2024, appendix 64 and 65.

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 $6,000.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons

The landlord attended the hearing by remote teleconference. Two attempts were made to contact the tenant on the telephone number provided. Both attempts were unsuccessful.

The landlord claims that the tenant erected a structure (shed) out the back of the house. This structure is unlawful and without consent and needs to be removed.

The landlord also claims that the tenant has affixed a large yellow tarpaulin to the back of the house along with several wooden posts to hold the material up. There is also a corrugated shed which has been constructed out the back of 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.

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) 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 5078911. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
th either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to	$6,000.00		th either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to

Reasons

The landlord attended the hearing by remote teleconference. Two attempts were made to contact the tenant on the telephone number provided. Both attempts were unsuccessful.

The landlord claims that the tenant erected a structure (shed) out the back of the house. This structure is unlawful and without consent and needs to be removed.

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 5078911 — Smoke alarms at 17 Skipper Avenue, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 5078911 — Smoke alarms at 17 Skipper Avenue, Mount Roskill, Auckland 1041

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