How much money was awarded in case 5404808?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5404808?

The dispute type was not classified.

Where can I read the official tribunal order for case 5404808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13322433-Tribunal_Order.pdf.

How much money was awarded in case 5404808?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5404808?

The dispute type was not classified.

Where can I read the official tribunal order for case 5404808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13322433-Tribunal_Order.pdf.

1 Glenmorgan Place, Dinsdale, Hamilton 3204 Tenancy Tribunal Case 5404808 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 5404808?

The tribunal order states: The tenant must reinstate the perimeter fence at her property back to 90 cms high

Order

The tenant must reinstate the perimeter fence at her property back to 90 cms high as depicted in this photo below within 6 weeks of the date of this order:

In the event the tenant fails to complete this work within that 6 week period, the landlord may enter on to the property for the purposes of performing this work itself. It has leave to then apply further to the Tribunal for the reasonable cost of that work to be paid by the tenant.

The parties have the leave of the Tribunal to seek clarity on the terms of this order. ,. - © G o o g l e S t r e . t V - � · - S...�! n!�t"

Reasons

Both parties attended the hearing.

This is a long-term tenancy of a 3 bedroom, one bathroom corner site home on a large section. The tenancy agreement requires the tenant to get consent for structural additions.

The premises used to have a low green fence of around 90 cms in height. A photograph was supplied to the Tribunal dated from 2013, before the tenant moved in, which showed its condition at that time as follows:

Not all of the property was fenced at that time. The fence returned to the house so that there was a small fenced area in that part of the property.

In around 2016 (around when she moved in), the tenant erected a low brown fence on the part that had not been fenced. There was no complaint by the landlord about that addition, according to the tenant.

A photograph was provided to the tribunal showing this change as follows: ,. - © G o o g l e S t r e . t V - � · - S...�! n!�t"

More recently, the tenant acquired a pool and erected a 6 foot fence around the perimeter of the property as well as a gate. She did not get consent for this fencing, which the landlord claims is inadequate in that there is untreated timber, a lack of concrete posting, and other issues.

She did this in stages, initially erecting a netting but then installing posting.

Some of this is shown as follows:

The tenant next removed the pool and says she only did that because the landlord had indicated it would then agree to the fencing.

She then acquired a large dog.

She claims she needs the fence to stop the dog being aggressive with people over the fence. The dog stands at one meter. A larger fence is needed to contain him.

The tenant has three teenagers and a one-and-a-half-year-old baby.

The landlord seeks a work order requiring the tenant to put the fence back to the height it was in 2019.

I was advised today that steps are being taken to seek consent for the dog. I am not asked by the landlord to make any orders about that, or the fact the premises may now be unsuitable in terms of size for the family. Analysis

The agreement required the tenant to get the consent of the landlord to any structures or additions to the property.

Further, s 42(1) of the Residential Tenancies Act 1986 says that the tenant shall not affix any fixture to the premises or make any renovation or addition except in accordance with the tenancy agreement or with the consent of the landlord.

The tenant did not get the consent of the landlord to the current height of the fence and the landlord does not consent to it.

I consider it appropriate to make the orders above for the fence to reinstated to its height in 2019. To be clear, the tenant does not need to also reinstate the return back to the house as is shown in the 2013 photo.

In the event the tenant does not comply with the orders above, the landlord is entitled to enter onto the property for the purposes of performing the work required to give it to the orders and then to bring it further and application to the tribunal once the cost of their work is known to seek orders that the reasonable costs be met by the tenant.

For completion I note that the fence even if returned to 90cms in height (as it was in 2019), seems to be rotting and may require maintenance. It is the landlord’s obligation to maintain the fence. The tenant will need to address the maintenance of the fence with the landlord once it has been reinstated back to its original height.

Order

The tenant must reinstate the perimeter fence at her property back to 90 cms high as depicted in this photo below within 6 weeks of the date of this order:
In the event the tenant fails to complete this work within that 6 week period, the landlord may enter on to the property for the purposes of performing this work itself. It has leave to then apply further to the Tribunal for the reasonable cost of that work to be paid by the tenant.
The parties have the leave of the Tribunal to seek clarity on the terms of this order. ,. - © G o o g l e S t r e . t V - � · - S...�! n!�t"

Reasons

Both parties attended the hearing.
This is a long-term tenancy of a 3 bedroom, one bathroom corner site home on a large section. The tenancy agreement requires the tenant to get consent for structural additions.
The premises used to have a low green fence of around 90 cms in height. A photograph was supplied to the Tribunal dated from 2013, before the tenant moved in, which showed its condition at that time as follows:
Not all of the property was fenced at that time. The fence returned to the house so that there was a small fenced area in that part of the property.
In around 2016 (around when she moved in), the tenant erected a low brown fence on the part that had not been fenced. There was no complaint by the landlord about that addition, according to the tenant.
A photograph was provided to the tribunal showing this change as follows: ,. - © G o o g l e S t r e . t V - � · - S...�! n!�t"
More recently, the tenant acquired a pool and erected a 6 foot fence around the perimeter of the property as well as a gate. She did not get consent for this fencing, which the landlord claims is inadequate in that there is untreated timber, a lack of concrete posting, and other issues.
She did this in stages, initially erecting a netting but then installing posting.
Some of this is shown as follows:
The tenant next removed the pool and says she only did that because the landlord had indicated it would then agree to the fencing.
She then acquired a large dog.
She claims she needs the fence to stop the dog being aggressive with people over the fence. The dog stands at one meter. A larger fence is needed to contain him.
The tenant has three teenagers and a one-and-a-half-year-old baby.
The landlord seeks a work order requiring the tenant to put the fence back to the height it was in 2019.
I was advised today that steps are being taken to seek consent for the dog. I am not asked by the landlord to make any orders about that, or the fact the premises may now be unsuitable in terms of size for the family. Analysis
The agreement required the tenant to get the consent of the landlord to any structures or additions to the property.
Further, s 42(1) of the Residential Tenancies Act 1986 says that the tenant shall not affix any fixture to the premises or make any renovation or addition except in accordance with the tenancy agreement or with the consent of the landlord.
The tenant did not get the consent of the landlord to the current height of the fence and the landlord does not consent to it.
I consider it appropriate to make the orders above for the fence to reinstated to its height in 2019. To be clear, the tenant does not need to also reinstate the return back to the house as is shown in the 2013 photo.
In the event the tenant does not comply with the orders above, the landlord is entitled to enter onto the property for the purposes of performing the work required to give it to the orders and then to bring it further and application to the tribunal once the cost of their work is known to seek orders that the reasonable costs be met by the tenant.
For completion I note that the fence even if returned to 90cms in height (as it was in 2019), seems to be rotting and may require maintenance. It is the landlord’s obligation to maintain the fence. The tenant will need to address the maintenance of the fence with the landlord once it has been reinstated back to its original height.

Tenancy Tribunal case 5404808 — Tenancy dispute at 1 Glenmorgan Place, Dinsdale, Hamilton 3204

At a glance

Claims & awards

Tenancy Tribunal case 5404808 — Tenancy dispute at 1 Glenmorgan Place, Dinsdale, Hamilton 3204

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