Published tribunal order
Tenancy Tribunal case 5274045 — Tenancy dispute at 17 Buxton Place, Hokowhitu, Palmerston North 4410
Decided 9 Jul 2025 · Published 9 Jul 2025 · Application 5274045
Mixed / unclear
Order
- The tenant must return the section to a reasonably clean and tidy condition by safely removing the tree house, cutting the lawns, and removing the green waste, rubbish and discarded chattels around the section by 5 pm Wednesday 23 July 2025.
- Alternatively, the tenant may pay the landlord $3,300.00 for the landlord to have the work completed.
- If the tenant fails to comply with Orders 1 or 2, then the landlord may undertake the work and charge the tenant the costs of this work up to $ 3,300.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The landlord attended the hearing.
- The landlord provided photographic evidence that the tenant has: a. Not mown the section and has allowed it to become significantly overgrown. b. Allowed a substantial tree house to be constructed without the landlord’s consent. c. Allowed the section to become littered with rubbish and discarded chattels.
- The landlord gave evidence that: a. It has been trying to work with the tenant to get the section mown and cleared, and the tree house dismantled since the end of 2023. b. It issued notices to the tenant to remedy the situation on 10 March 2024 and 15 April 2024. c. The tenant promised to complete the work around 9 May 2025 but has failed to complete any of the required work. d. A quote has been obtained from a reputable contractor for the completion of these works for $3,229.77.
- The landlord also provided photographic evidence of the satisfactory condition of the premises at the start of the tenancy.
- The landlord wants these issues fixed.
- Under section 40(1)(a)-(e), Residential Tenancies Act 1986 (“RTA”), 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) RTA.
- 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) RTA.
- 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) RTA.
Has the tenant failed to comply with their obligations?
- On the evidence before the Tribunal, the landlord has persuaded it on the balance of probabilities that the tenant is in breach of her obligations under section 40(1)(c) RTA to keep the premises reasonably clean and tidy, and under section 42 RTA not to make unauthorised additions or alterations to the premises. The tenant has been given written notices to remedy these breaches.
- The landlord is entitled to have the grounds restored to the condition that they were in at the start of the tenancy and to have the tree house removed.
- Given the tenant’s circumstances, it is reasonable that she be given a final opportunity to carry out the required works herself and a period of two weeks is a reasonable timeframe given the length of time the landlord has been trying to have this matter resolved.
- However, should the tenant fail to complete the required work within the next two weeks, it is appropriate that the landlord be authorised to accept its contractor’s quotation and get the work done at the tenant’s expense.