What was the outcome of Tenancy Tribunal case 5080866?

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 5080866?

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

What type of tenancy dispute was case 5080866?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5080866?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11305964-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5080866?

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 5080866?

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

What type of tenancy dispute was case 5080866?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5080866?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11305964-Tribunal_Order.pdf.

21 Moira Street, Ponsonby, Auckland 1021 Tenancy Tribunal Case 5080866 — Smoke alarms

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Order

Claims and awards in Tenancy Tribunal application 5080866. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wor	$500.00		fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wor

The tenant must carry out the following work to the premises, which must be completed by 5pm on Sunday 19 January 2025: a. Mow the lawns at 21 Moira Street, Ponsonby, Auckland.

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 $500.00. This cost may be treated as rent in arrears and enforced accordingly.

Reasons

Both parties attended the hearing.

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord claims that the tenant is in breach of the terms of his tenancy agreement with it and is in breach of his s40(1)(c) of the RTA obligation to keep the premise reasonably clean and reasonably 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 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.

Has the tenant failed to comply with their obligations?

The landlord has provided photographic evidence that proves the tenant is in breach of the terms of his tenancy agreement with it and is in breach of his s40(1)(c) of the RTA obligation to keep the premise reasonably clean and reasonably tidy. The photographs show the tenant has failed to keep the lawns mown and the lawns have grown to a length that is now creating a fire hazard for the tenant’s premise and the premises around his.

The tenant must mow the lawns as ordered by 5pm on Sunday 19 January 2025:

If the tenant fails to mow the lawn by 5pm on Sunday 19 January 2025 or to pay the landlord $60.00 to have the lawns mowed, the landlord will get the lawns mown and will charge the tenant the costs of this work up to $500.00. This cost will be treated as rent in arrears and enforced accordingly.

Order

Claims and awards in Tenancy Tribunal application 5080866. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wor	$500.00		fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wor

The tenant must carry out the following work to the premises, which must be completed by 5pm on Sunday 19 January 2025: a. Mow the lawns at 21 Moira Street, Ponsonby, Auckland.

Reasons

Both parties attended the hearing.

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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.

Has the tenant failed to comply with their obligations?

The tenant must mow the lawns as ordered by 5pm on Sunday 19 January 2025:

Tenancy Tribunal case 5080866 — Smoke alarms at 21 Moira Street, Ponsonby, Auckland 1021

At a glance

Tenancy Tribunal case 5080866 — Smoke alarms at 21 Moira Street, Ponsonby, Auckland 1021

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions