Published tribunal order
Tenancy Tribunal case 5231652 — Tenancy dispute at 939B High Street, Avalon, Lower Hutt 5011
Decided 19 May 2025 · Published 19 May 2025 · Application 5231652
Mixed / unclear
Order
- The tenant must carry out the following work to the premises, which must be completed by 5.00 pm on Monday 2 June: a. Lawns to be mowed.
- As an alternative to compliance with Order 1, the tenant must pay the landlord $250.00 immediately.
- If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $250.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The landlord attended the hearing which was held by teleconference. The tenant did not answer any of the calls made at the scheduled time on the two numbers provided to the Tribunal.
- The tenant has been served by post to his residential address.
- Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
- The landlord claims that the tenant has not mowed the lawn recently and the lawn is now very long. Under the tenancy agreement the tenant is responsible for maintaining the lawn. 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. 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. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.