What was the outcome of Tenancy Tribunal case 5086752?

The tribunal order states: The tenants must carry out the following work to the premises, which must be

How much money was awarded in case 5086752?

Mply With Order 1 Above, Then The La…: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5086752?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5086752?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11293285-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5086752?

The tribunal order states: The tenants must carry out the following work to the premises, which must be

How much money was awarded in case 5086752?

Mply With Order 1 Above, Then The La…: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5086752?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5086752?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11293285-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 132 Mangere Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5086752 — Smoke alarms

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Unit/Flat 1, 132 Mangere Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5086752 — Smoke alarms | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5086752. 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 tenants the cost of this work up to	$2,000.00		mply with Order 1 above, then the landlord may undertake the work and charge the tenants the cost of this work up to

Claims and awards for application 5086752. Verify on MoJ.

mply with Order 1 above, then the landlord may undertake the work and charge the tenants the cost of this work up to

Amount: $2,000.00
Awarded to: Landlord
Reason: mply with Order 1 above, then the landlord may undertake the work and charge the tenants the cost of this work up to

Order

The tenants must carry out the following work to the premises, which must be completed by 5pm Monday 27 January 2025: a. Removal of the self-built structure and all associated building materials situated at 1/132 Mangere Road, Otahuhu, Auckland to the satisfaction of the landlord.
If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenants the cost of this work up to $2,000.00. 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 tenants. An attempt to call the tenants on the telephone number provided went unanswered.
The landlord claims that the tenants have erected a self-built structure at the above premises. This structure is unlawful and without consent. The structure is also a health and safety risk.
The landlord issued a 14-day notice to remedy on 4 September 2024. The landlord advises that the tenants are yet to remove the structure.
The landlord has provided helpful photographic evidence in support. They have also provided a quote from Spencer Henshaw Limited dated 8 January 2025 to have the structure removed.
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 tenants have breached their obligations in this regard.
The landlord’s application is granted.
The landlord is not seeking reimbursement of the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5086752. 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 tenants the cost of this work up to	$2,000.00		mply with Order 1 above, then the landlord may undertake the work and charge the tenants the cost of this work up to

Claims and awards for application 5086752. Verify on MoJ.

mply with Order 1 above, then the landlord may undertake the work and charge the tenants the cost of this work up to

Amount: $2,000.00
Awarded to: Landlord
Reason: mply with Order 1 above, then the landlord may undertake the work and charge the tenants the cost of this work up to

Order

The tenants must carry out the following work to the premises, which must be completed by 5pm Monday 27 January 2025: a. Removal of the self-built structure and all associated building materials situated at 1/132 Mangere Road, Otahuhu, Auckland to the satisfaction of the landlord.
If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenants the cost of this work up to $2,000.00. 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 tenants. An attempt to call the tenants on the telephone number provided went unanswered.
The landlord claims that the tenants have erected a self-built structure at the above premises. This structure is unlawful and without consent. The structure is also a health and safety risk.
The landlord issued a 14-day notice to remedy on 4 September 2024. The landlord advises that the tenants are yet to remove the structure.
The landlord has provided helpful photographic evidence in support. They have also provided a quote from Spencer Henshaw Limited dated 8 January 2025 to have the structure removed.
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 tenants have breached their obligations in this regard.
The landlord’s application is granted.
The landlord is not seeking reimbursement of the filing fee.

Tenancy Tribunal case 5086752 — Smoke alarms at Unit/Flat 1, 132 Mangere Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5086752 — Smoke alarms at Unit/Flat 1, 132 Mangere Road, Otahuhu, Auckland 1062

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