What was the outcome of Tenancy Tribunal case 5241212?

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 5241212?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5241212?

The dispute type was not classified.

Where can I read the official tribunal order for case 5241212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11841667-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5241212?

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 5241212?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5241212?

The dispute type was not classified.

Where can I read the official tribunal order for case 5241212?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11841667-Tenancy_Tribunal_Order.pdf.

2F Main Highway, Ellerslie, Auckland 1051 Tenancy Tribunal Case 5241212 — Tenancy dispute

Reasons

Both parties attended the hearing which was held by teleconference. Frances Pou answered Roseana Ferguson’s telephone and advised that she had authority to represent Ms Ferguson. Ms Pou advised that she is Ms Ferguson’s sister.

The landlord claims Ms Ferguson is obstructing the front door by placing belongings in the only hallway that leads to the front door. The landlord claims this breaches the Residential Tenancies Act, 1986 (the “RTA”) which states the tenant shall not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab).

Section 7 of the Building Act 2004 defines “means of escape from fire” as: a continuous unobstructed route of travel from any part of the floor area of that building to a place of safety.

The landlord provided photographs in support of their application which show plastic and cardboard boxes, a bucket, a chair and other belongings in the hallway that leads to the front door.

The landlord has served two 14-day notices on the tenant pursuant to section 56 RTA, one on 3 September 2024 and one on 10 March 2025. These have not been complied with.

The landlord stated they are not at this stage seeking termination for failure to comply with the 14-day notices, but that is an option open to them further down the track.

Both parties agree that the front door is the only entry and exit point to the premises.

Ms Pou stated that Ms Ferguson has not had any problem slipping, tripping or falling when walking along the hallway. In her view the belongs do not obstruct egress.

Ms Pou also raised her own complaints such as the lack of a second exit or a ladder down from the second floor, the landlord not forwarding the tenant’s correspondence to Tenancy Services, and her belief that the landlord is harassing Ms Ferguson. These complaints may or may not have merit. To assess their relative merits these claims will have to be made via the proper channels, either an application to Tenancy Services, or a complaint to the landlord or by some other means.

I have considered whether an adjournment should be granted to give the tenant an opportunity to file a cross application. I do not consider that these potential complaints impact on my ability to determine today’s application, and I do not consider these complaints warrant an adjournment before today’s application is determined.

I am persuaded by the landlord’s submissions that the hallway is part of a means of escape from fire under the Building Act 2004 and that it is being obstructed by the tenant’s belongings. This is a breach of section 40(2)(ab) of the RTA.

I accept Ms Pou’s submission that the belongings in the hallway have not caused any accidents so far, but that is not the test. In an emergency situation there are many reasons why any small obstruction could have a serious or disastrous consequence.

The landlord is hopeful that the tenant will comply with this order. The landlord is not seeking any other order in relation to the breach. However if the tenant fails to comply with this Order, it is likely the parties will find them back before the Tribunal with a potentially more serious application.

Order

The tenant must carry out the following work to the premises, which must be completed by 5.00 pm on Wednesday 21 May 2025: a. Remove all belongings from the hallway leading to the front door.

Reasons

Both parties attended the hearing which was held by teleconference. Frances Pou answered Roseana Ferguson’s telephone and advised that she had authority to represent Ms Ferguson. Ms Pou advised that she is Ms Ferguson’s sister.
The landlord claims Ms Ferguson is obstructing the front door by placing belongings in the only hallway that leads to the front door. The landlord claims this breaches the Residential Tenancies Act, 1986 (the “RTA”) which states the tenant shall not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab).
Section 7 of the Building Act 2004 defines “means of escape from fire” as: a continuous unobstructed route of travel from any part of the floor area of that building to a place of safety.
The landlord provided photographs in support of their application which show plastic and cardboard boxes, a bucket, a chair and other belongings in the hallway that leads to the front door.
The landlord has served two 14-day notices on the tenant pursuant to section 56 RTA, one on 3 September 2024 and one on 10 March 2025. These have not been complied with.
The landlord stated they are not at this stage seeking termination for failure to comply with the 14-day notices, but that is an option open to them further down the track.
Both parties agree that the front door is the only entry and exit point to the premises.
Ms Pou stated that Ms Ferguson has not had any problem slipping, tripping or falling when walking along the hallway. In her view the belongs do not obstruct egress.
Ms Pou also raised her own complaints such as the lack of a second exit or a ladder down from the second floor, the landlord not forwarding the tenant’s correspondence to Tenancy Services, and her belief that the landlord is harassing Ms Ferguson. These complaints may or may not have merit. To assess their relative merits these claims will have to be made via the proper channels, either an application to Tenancy Services, or a complaint to the landlord or by some other means.
I have considered whether an adjournment should be granted to give the tenant an opportunity to file a cross application. I do not consider that these potential complaints impact on my ability to determine today’s application, and I do not consider these complaints warrant an adjournment before today’s application is determined.
I am persuaded by the landlord’s submissions that the hallway is part of a means of escape from fire under the Building Act 2004 and that it is being obstructed by the tenant’s belongings. This is a breach of section 40(2)(ab) of the RTA.
I accept Ms Pou’s submission that the belongings in the hallway have not caused any accidents so far, but that is not the test. In an emergency situation there are many reasons why any small obstruction could have a serious or disastrous consequence.
The landlord is hopeful that the tenant will comply with this order. The landlord is not seeking any other order in relation to the breach. However if the tenant fails to comply with this Order, it is likely the parties will find them back before the Tribunal with a potentially more serious application.

Tenancy Tribunal case 5241212 — Tenancy dispute at 2F Main Highway, Ellerslie, Auckland 1051

At a glance

Claims & awards

Tenancy Tribunal case 5241212 — Tenancy dispute at 2F Main Highway, Ellerslie, Auckland 1051

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions