What was the outcome of Tenancy Tribunal case 5090268?

The tribunal order states: Terina Aroha Edwards must remove the rubbish located on to the side the

How much money was awarded in case 5090268?

Ith Order 1 Above Then The Landlord…: $1,750.00 awarded to landlord

What type of tenancy dispute was case 5090268?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5090268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11586320-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5090268?

The tribunal order states: Terina Aroha Edwards must remove the rubbish located on to the side the

How much money was awarded in case 5090268?

Ith Order 1 Above Then The Landlord…: $1,750.00 awarded to landlord

What type of tenancy dispute was case 5090268?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5090268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11586320-Tenancy_Tribunal_Order.pdf.

36 Mataroa Road, Mount Wellington, Auckland 1062 Tenancy Tribunal Case 5090268 — 14-day notice

Claims and awards in Tenancy Tribunal application 5090268. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ith order 1 above then the landlord may arrange for the rubbish to be removed and charge the tenant the reasonable costs	$1,750.00		ith order 1 above then the landlord may arrange for the rubbish to be removed and charge the tenant the reasonable costs

Order

Terina Aroha Edwards must remove the rubbish located on to the side the garage from 36 Mataroa Road, Mount Wellington, Auckland by 5.00pm on Wednesday 8 April 2025
If the tenant fails to comply with order 1 above then the landlord may arrange for the rubbish to be removed and charge the tenant the reasonable costs of removal up to $1,750.00. Costs charged to the tenant are able to be enforced as a debt incurred by the tenant.
The application to remove the caravan is dismissed.

Reasons

The landlord’s representative attended the hearing which was heard by telephone. The tenant was rung on the cell phone number provided by the landlord on the application at the start of the hearing, however the call would not connect. The landlord advised this was the most up to date telephone number for the tenant.
The landlord claims the tenant has breached their tenancy agreement and the Residential Tenancies Act 1986 (RTA) by accumulating rubbish and having a caravan at the property. The landlord seeks an order to have the rubbish and the caravan removed.
The landlord waives its right to reimbursement of the filing fee.
The tenancy commenced on 19 July 2023. The tenancy agreement allows no more than 4 people to live at the property.
The Tribunal can make an order that the tenant do anything necessary to remedy a breach of any term of the tenancy agreement of the RTA, or to do anything they are required to do by any provision in the RTA (section 77(2)(l), RTA). The rubbish
Section 40(1)(c), RTA provides that a tenant is to keep the premises reasonably clean and tidy. The requirement applies to both the inside and outside of the premises.
Clause 9 of the tenancy agreement requires the tenant to “look after your new home and grounds by keeping them tidy”.
The evidence establishes that the tenant has been accumulating rubbish outside, to the side the garage since at least June 2024 when rubbish was noted during an inspection of the property.
The tenant was reminded to keep her grounds tidy in a 14 day breach notice issued to the tenant on 12 July 2024. The tenant was required to remove the rubbish in 14 day notices issued on 7 August and 2 December 2024. The rubbish was not removed and the landlord’s photographs show the amount of rubbish has increased and is now significant.
I find the tenant has breached s 40(1)(c) and the clause 9 of the tenancy agreement in not removing the rubbish. The tenant is responsible for the actions of others who are at the premises with her consent (s 41, RTA). Therefore as the rubbish is on the premises she is renting, the tenant is liable to remove all of the rubbish.
The landlord’s evidence shows that it has been trying to resolve this matter since June 2024. The tenant had been engaging with the landlord regarding removal of the rubbish, and at one point had removed some rubbish. However the tenant’s engagement appears to have stopped. The tenant has been given a reasonably lengthy time to remove the rubbish to date, and I am satisfied a timeframe must now be set for the removal of the rubbish. The pile of rubbish is unsightly and potentially causing other issues, including attracting vermin.
I have allowed three weeks for the tenant to remove the rubbish. If she does not do so by then, the landlord is able to arrange for the rubbish to be removed and charge the cost incurred to the tenant up to the cost of $1,750.00. This sum reflects the amount of rubbish that has accumulated. The caravan
The landlord seeks removal of the caravan from the premises, which is located in the rear yard of the tenancy premises. The landlord claims people were living in the caravan in breach of tenancy agreement, and that its presence is effectively an invitation for others to live/sleep there in the future. The landlord also maintains the caravan is a fixture which it has not consented to.
Clause 16 of the tenancy agreement states: “no one can sleep or live in a garage, shed or caravan on the grounds of your new home”. Section 42 of the RTA prevents a tenant from affixing any fixture to the premises, or making any renovations, alterations, or additions to the premises except as allowed in the tenancy agreement or with the prior consent of the landlord.
The landlord’s application for an order that the tenant remove the caravan is dismissed for the following reasons: a) The tenant is in breach of her tenancy agreement if anyone sleeps or lives in the caravan. The tenancy agreement does not prevent a tenant having a caravan on the tenancy premises. Clause 17 prevents the tenant from “making alterations to the premises”, however in my view having a caravan at the premises does not amount to an alteration to the premises. b) The caravan is not a fixture. ‘Fixture’ is not defined in the RTA. The New Zealand Law Dictionary 1 meaning of ‘fixtures’ is: “Chattels which are so annexed to land or to a building on land as to become part of it”. The caravan is not a fixture; from the evidence presented it is able to be moved by a vehicle equipped with a tow bar. The evidence does not establish that the caravan is in any way attached to the house or the land. Therefore I find the tenant has not breached section 42, RTA.
The landlord referred to a previous Tenancy Tribunal decision 2 where it was found that 2 cabins were fixtures and were ordered to be removed. However as stated above I do not find that the landlord has proven that the caravan in this case is a fixture.
Having made this finding I emphasis to the tenant the importance of ensuring she does not breach Clause 16 of the tenancy agreement by having anyone sleep or live in the caravan. If she does, she may be issued with a further breach notice for having more people living at the premises than she is allowed. 1 Peter Spiller Dictionary of New Zealand Law (10th ed, LexisNexis, Wellington, 2022) at page 123. 2 Kainga Ora v Marsters [2024] NZTT 4996789, 5058328 under the tenancy agreement. The landlord is able to apply for termination for a continued breach of this nature.

Claims and awards in Tenancy Tribunal application 5090268. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ith order 1 above then the landlord may arrange for the rubbish to be removed and charge the tenant the reasonable costs	$1,750.00		ith order 1 above then the landlord may arrange for the rubbish to be removed and charge the tenant the reasonable costs

Order

Terina Aroha Edwards must remove the rubbish located on to the side the garage from 36 Mataroa Road, Mount Wellington, Auckland by 5.00pm on Wednesday 8 April 2025
If the tenant fails to comply with order 1 above then the landlord may arrange for the rubbish to be removed and charge the tenant the reasonable costs of removal up to $1,750.00. Costs charged to the tenant are able to be enforced as a debt incurred by the tenant.
The application to remove the caravan is dismissed.

Reasons

The landlord’s representative attended the hearing which was heard by telephone. The tenant was rung on the cell phone number provided by the landlord on the application at the start of the hearing, however the call would not connect. The landlord advised this was the most up to date telephone number for the tenant.
The landlord claims the tenant has breached their tenancy agreement and the Residential Tenancies Act 1986 (RTA) by accumulating rubbish and having a caravan at the property. The landlord seeks an order to have the rubbish and the caravan removed.
The landlord waives its right to reimbursement of the filing fee.
The tenancy commenced on 19 July 2023. The tenancy agreement allows no more than 4 people to live at the property.
The Tribunal can make an order that the tenant do anything necessary to remedy a breach of any term of the tenancy agreement of the RTA, or to do anything they are required to do by any provision in the RTA (section 77(2)(l), RTA). The rubbish
Section 40(1)(c), RTA provides that a tenant is to keep the premises reasonably clean and tidy. The requirement applies to both the inside and outside of the premises.
Clause 9 of the tenancy agreement requires the tenant to “look after your new home and grounds by keeping them tidy”.
The evidence establishes that the tenant has been accumulating rubbish outside, to the side the garage since at least June 2024 when rubbish was noted during an inspection of the property.
The tenant was reminded to keep her grounds tidy in a 14 day breach notice issued to the tenant on 12 July 2024. The tenant was required to remove the rubbish in 14 day notices issued on 7 August and 2 December 2024. The rubbish was not removed and the landlord’s photographs show the amount of rubbish has increased and is now significant.
I find the tenant has breached s 40(1)(c) and the clause 9 of the tenancy agreement in not removing the rubbish. The tenant is responsible for the actions of others who are at the premises with her consent (s 41, RTA). Therefore as the rubbish is on the premises she is renting, the tenant is liable to remove all of the rubbish.
The landlord’s evidence shows that it has been trying to resolve this matter since June 2024. The tenant had been engaging with the landlord regarding removal of the rubbish, and at one point had removed some rubbish. However the tenant’s engagement appears to have stopped. The tenant has been given a reasonably lengthy time to remove the rubbish to date, and I am satisfied a timeframe must now be set for the removal of the rubbish. The pile of rubbish is unsightly and potentially causing other issues, including attracting vermin.
I have allowed three weeks for the tenant to remove the rubbish. If she does not do so by then, the landlord is able to arrange for the rubbish to be removed and charge the cost incurred to the tenant up to the cost of $1,750.00. This sum reflects the amount of rubbish that has accumulated. The caravan
The landlord seeks removal of the caravan from the premises, which is located in the rear yard of the tenancy premises. The landlord claims people were living in the caravan in breach of tenancy agreement, and that its presence is effectively an invitation for others to live/sleep there in the future. The landlord also maintains the caravan is a fixture which it has not consented to.
Clause 16 of the tenancy agreement states: “no one can sleep or live in a garage, shed or caravan on the grounds of your new home”. Section 42 of the RTA prevents a tenant from affixing any fixture to the premises, or making any renovations, alterations, or additions to the premises except as allowed in the tenancy agreement or with the prior consent of the landlord.
The landlord’s application for an order that the tenant remove the caravan is dismissed for the following reasons: a) The tenant is in breach of her tenancy agreement if anyone sleeps or lives in the caravan. The tenancy agreement does not prevent a tenant having a caravan on the tenancy premises. Clause 17 prevents the tenant from “making alterations to the premises”, however in my view having a caravan at the premises does not amount to an alteration to the premises. b) The caravan is not a fixture. ‘Fixture’ is not defined in the RTA. The New Zealand Law Dictionary 1 meaning of ‘fixtures’ is: “Chattels which are so annexed to land or to a building on land as to become part of it”. The caravan is not a fixture; from the evidence presented it is able to be moved by a vehicle equipped with a tow bar. The evidence does not establish that the caravan is in any way attached to the house or the land. Therefore I find the tenant has not breached section 42, RTA.
The landlord referred to a previous Tenancy Tribunal decision 2 where it was found that 2 cabins were fixtures and were ordered to be removed. However as stated above I do not find that the landlord has proven that the caravan in this case is a fixture.
Having made this finding I emphasis to the tenant the importance of ensuring she does not breach Clause 16 of the tenancy agreement by having anyone sleep or live in the caravan. If she does, she may be issued with a further breach notice for having more people living at the premises than she is allowed. 1 Peter Spiller Dictionary of New Zealand Law (10th ed, LexisNexis, Wellington, 2022) at page 123. 2 Kainga Ora v Marsters [2024] NZTT 4996789, 5058328 under the tenancy agreement. The landlord is able to apply for termination for a continued breach of this nature.

Tenancy Tribunal case 5090268 — 14-day notice at 36 Mataroa Road, Mount Wellington, Auckland 1062

At a glance

Tenancy Tribunal case 5090268 — 14-day notice at 36 Mataroa Road, Mount Wellington, 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