Published tribunal order
Tenancy Tribunal case 5424451 — Smoke alarms at Unit/Flat Flat 2, 129 Buckland Road, Mangere East,
Decided 20 February 2026 · Published 20 February 2026 · Application 5424451
Mixed / unclear
- Smoke alarms
Order
- The tenant must remove all the organic rubbish from the property by Wednesday 4 March 2026.
- As an alternative to compliance with Order 1, the Tenant may pay the Landlord up to $550.00 or the Landlord may undertake the work and charge the Tenant up to $550.00.These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The Landlord attended the hearing. The Tenant did not appear.
- The landlord claims that the Tenant inserted a structure without consent and failed to keep the property clean and tidy by not removing the rubbish associated with the structure. 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. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms. 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. 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) Residential Tenancies Act 1986.
Has the tenant failed to comply with their obligations?
- The Tenant inserted a structure on the exterior of the property without consent from the Landlord. This structure appeared to be an open storage space where they stored items such as tarpaulin, empty boxes and rubbish.
- At the hearing, the Landlord submitted the structure had been removed by the Tenant however there was still associated rubbish left behind. The Landlord estimated the cost to remove the rubbish at $550.00.
- Section 42 Residential Tenancies Act 1986 provides that a Tenant must not make any alteration, addition or improvement to the premises without the Landlords written consent. A Tenant must also keep a property reasonably clean and reasonably tidy.
- In considering the evidence, I find the Tenant has breached their obligations. I accept they have removed the structure however the associated rubbish must be cleared. The Landlord has estimated this to cost $550.00. The Tenant has until 4 March 2026 to clear the rubbish or they can pay the Landlord up to $550.00 or the Landlord can undertake the work and charge the costs to the Tenant.