Tenantcheck Insights · Case study
Tenancy Tribunal case 5433748 — 14-day notice at 143 Scott Street, Redwoodtown, Blenheim 7201
Published 23 April 2026 · Application 5433748
Mixed / unclear
- 14-day notice
- Smoke alarms
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Blenheim
Tribunal region
Adjudicator
M Feist
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo | $1,917.00 | to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo |
Claims and awards for application 5433748. Verify on MoJ.
to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo
- Amount
- $1,917.00
- Awarded to
- Landlord
- Reason
- to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this wo
Order
- The tenant must carry out the following work to the premises, which must be completed by Friday 8 May 2026: a. Remove all accumulated rubbish and waste from the section.
- If the tenant fails to comply with either Order 1 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $1917.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- On 28 January 2026 the landlord filed an application seeking a work order requiring the tenant to remove all accumulated rubbish and waste for the section and remediate the overgrown lawns and vegetation.
- The hearing proceeded by way of video conference. Ms Susan Rea, Senior Tribunal Adviser, appeared for the landlord. The tenant failed to appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded in their absence.
- At the hearing the landlord advised the Tribunal that a work order to remediate the overgrown lawns and vegetation was no longer required as the tenant had remedied this issue.
Should a work order be made?
- The landlord claims that the tenant failed to maintain the section in a reasonably clean and tidy condition free from rubbish and waste in breach of section 40(1)(c) of the Residential Tenancies Act 1986 (the “Act”). The landlord said that this has resulted in unpleasant odours and complaints have been made by neighbours and third parties.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) of the Act.
- On 11 December 2025, the landlord issued the tenant with a 14-day breach notice requiring the tenant to “mow the lawns and remove the rubbish” by 1 January 2026. The breach was not remedied.
- On 25 February 2026, the Marlborough District Council issues a notice under section 29 of the Health Act requiring the tenant to remove all rubbish from the property.
- The landlord does not seek to terminate the tenancy but has asked for a work order.
- Under section 40(1)(a)-(e), of the Act, 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) of the Act.
- 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) of the Act.
- 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)of the Act.
- The landlord provided photographs which prove the condition of the property. Having heard from the landlord and considering all of the evidence I am satisfied the tenant has failed to maintain the section in a clean and tidy condition free from rubbish in breach of section 40(1)(c) of the Act. The landlord is justified in wanting the tenant to rectify the situation. Accordingly a work order is made. Should the tenant fail to comply with the work order then the landlord can undertake the work and recover the costs from the tenant in the amounts specified. Other matters
- Despite being wholly successful the landlord did not seek reimbursement of the filing fee.
- The landlord did not seek name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s14, s29, s40(1), s56(1), s78(1), s78(2), s78(2AAB)
Key findings
- Dispute theme: termination 14day
- Dispute theme: smoke alarms
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5433748?
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 5433748?
To Comply With Either Order 1 Above,…: $1,917.00 awarded to landlord
What type of tenancy dispute was case 5433748?
The primary dispute was 14-day notice. Related themes: Smoke alarms.
Where can I read the official tribunal order for case 5433748?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13490812-Tenancy_Tribunal_Order.pdf.