What was the outcome of Tenancy Tribunal case 5127228?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5127228?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5127228?

The dispute type was not classified.

Where can I read the official tribunal order for case 5127228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11830205-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5127228?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5127228?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5127228?

The dispute type was not classified.

Where can I read the official tribunal order for case 5127228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11830205-Tenancy_Tribunal_Order.pdf.

70 Lucca Crescent, Rolleston, Rolleston 7615 Tenancy Tribunal Case 5127228 — Tenancy dispute

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Reasons

Both parties attended the hearing.

The applicant has claimed for the cost of a garden shed and raised garden beds left at the property after they vacated. The total claimed cost is $1,391.50. Background

The tenancy ended on 8 September 2024, following a previous order of the Tribunal.

The tenant says that around eight months after moving into the property, in around 2020, he was given verbal permission to install the garden shed and garden beds by the previous property manager. No evidence of that permission has been provided and the tenant says there was no further arrangement made around the additions.

The tenant submits that the landlord has benefitted from these two items in a subsequent sale and that he has asked for the items to be returned to him or to be paid for the items.

The tenant has provided an invoice for $1,391.50 for the garden shed, garden beds and soil. It is dated after the tenancy ended (3 October 2024) but the tenant says this is a fair representation of the likely cost at the time of installation.

The landlord says that he knows nothing about any permission given to erect the additions, and that nor do the owners. He says that they only found out that the shed had been installed by the tenants at a previous Tribunal hearing, one month after the tenants had vacated. They had simply been sent an invoice by the tenant requesting payment.

Although the email correspondence does show that the tenant had asked for the additions to be returned to them (or payment), I note that this was in October and November 2024, after the tenants had vacated. The law

Section 42 of the Residential Tenancies Act 1986 provides that: (1) The tenant shall not affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, except – a. In accordance with the tenancy agreement; or b. With the prior written consent of the landlord. (2) ... (3) The tenant may, at any time before the expiry of the tenancy, remove any fixture that the tenant has affixed to the premises during the term of the tenancy, unless the removal would cause irreparable damage to the premises. (4) Any fixtures affixed by the tenant to the premises but not removed by the tenant on the expiry of the tenancy become the property of the landlord.

There was no written consent given by the landlord for the installation of the garden shed or planter boxes, nor was there any requirement in the tenancy agreement for installation.

The tenant left these additions at the property when they vacated or at the expiry of the tenancy.

In accordance with s42 of the RTA, even if permission was granted these two items accordingly became the property of the landlord when the tenant vacated the property and did not remove them.

There is no evidence provided at the time of vacating the property, that the tenant was trying to remove the additions, or anything suggesting that an arrangement was being made to do so, until a month or so later when the property was likely already on the market and/or sold and separate Tribunal proceedings were extant.

Accordingly, in my view the tenant does not have valid grounds to charge the landlord for the items and in accordance with the RTA, the garden shed, and garden boxes lawfully became the landlord’s property.

The claim is dismissed. R Harvey-Lane 15 May 2025

Reasons

Both parties attended the hearing.

The applicant has claimed for the cost of a garden shed and raised garden beds left at the property after they vacated. The total claimed cost is $1,391.50. Background

The tenancy ended on 8 September 2024, following a previous order of the Tribunal.

The tenant submits that the landlord has benefitted from these two items in a subsequent sale and that he has asked for the items to be returned to him or to be paid for the items.

There was no written consent given by the landlord for the installation of the garden shed or planter boxes, nor was there any requirement in the tenancy agreement for installation.

The tenant left these additions at the property when they vacated or at the expiry of the tenancy.

In accordance with s42 of the RTA, even if permission was granted these two items accordingly became the property of the landlord when the tenant vacated the property and did not remove them.

The claim is dismissed. R Harvey-Lane 15 May 2025

Tenancy Tribunal case 5127228 — Tenancy dispute at 70 Lucca Crescent, Rolleston, Rolleston 7615

At a glance

Claims & awards

Tenancy Tribunal case 5127228 — Tenancy dispute at 70 Lucca Crescent, Rolleston, Rolleston 7615

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions