Tenantcheck Insights · Case study
Tenancy Tribunal case 5497315 — 14-day notice at 54 Lambeth Road, Mount Eden, Auckland 1041
Published 14 May 2026 · Application 5497315
Mixed / unclear
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
R Kee
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenant must by 5.00pm Friday 22 May 2026 remove any fencing, barrier, or materials from the tenancy address’s front entrance area, and return the area to its original condition.
- If the tenant fails to comply with Order 1, the tenancy shall terminate immediately at
- 00pm Friday 29 May 2026 and Kāinga Ora – Homes and Communities will be entitled to immediate possession.
Reasons
- I heard this matter yesterday at the Auckland District Court.
- Alex Temu attended for Kāinga Ora – Homes and Communities
- The tenant did not attend. The hearing proceeded in their absence.
- Kāinga Ora seeks a work order for the tenant to remove a fence-type barrier he has constructed at the front entrance of the property and a conditional termination order that will take effect if the tenant fails to carry out the work order. Background
- The property is two-bedroom Kāinga Ora – Homes and Communities on a full section.
- The tenancy began on 30 September 2022 and is continuing. Mr Auora lives alone.
- When the tenancy began, the driveway was open to the footpath with no gate or fence. However, Mr Auora has constructed a makeshift two-metre fence structure which now blocks the driveway entrance. The fence is made from an old gate and materials that appear (from the photographs) to include parts of old fold-out washing lines, pipes, and bits of wood. For Mr Auora the fence enhances the property’s security from theft and burglary.
- Kāinga Ora has already issued Mr Auora two 14-day notices to remove the barrier, but he has refused to do so. The Tribunal make an order that Mr Auora remove it, but he has not complied with the order.1 The Tribunal also authorised Kāinga Ora – Homes and Communities to remove the barrier. Kāinga Ora staff and contractors attended the property to complete the work, but Mr Auora refused to consent to it.
Is the fence a breach?
- 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. 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. 2
- Mr Auora did not get Kāinga Ora’s permission to build the structure so Mr Auora’s actions breach the tenancy agreement which states, “You must not make any alterations to the premises without our permission”.
- He has also breached s 42 of the Residential Tenancies Act 1986 (RTA) which prohibits fixtures, renovations, alterations, or additions to the premises, except, “with the prior written consent of the landlord”.
- Clearly, erecting the fence was a breach of the tenancy agreement and the RTA. 1 Kāinga Ora – Homes and Communities v Terry Auora NZTT [2025] 5339944. 2 See s 56(1) of the Residential Tenancies Act 1986.
Should the Tribunal issue a work order?
- Kāinga Ora regards the fence as unsightly and is concerned it impedes access to the premises.
- Mr Auora has offered Kāinga Ora a key to the padlock he uses to lock the structure. However, that it is not a practical solution for Kāinga Ora. Kāinga Ora has more than 100,000 homes. It must use its limited resources efficiently. If Kāinga Ora had to permit tenants to install their own barriers and locks, it would become a logistical nightmare keeping track of all the various keys and ways of getting into different tenants’ unique self-made fortresses. Consequently, Kāinga Ora would incur unnecessary costs, and its staff often would not be able to readily enter Kāinga Ora’s tenancy addresses for inspections, checking on tenants’ welfare, and the like. Moreover, the structure is likely to impede access of emergency services in an emergency, placing the tenant and the house at increased risk.
- Under s 42A of the RTA, landlords must not unreasonably withhold consent for alterations or additions. However, Mr Auora has not applied for consent, and if he did, it would be reasonable for Kāinga Ora to withhold its consent.
- It is appropriate to issue Mr Auora with a work order to remove the fence.
Should the Tribunal make a conditional termination order?
- Kāinga Ora served Mr Auora with a 14-day notice on 2 March 2026 requiring Mr Auora to remove the barrier. He has not remedied the breach within the required period. It would be inequitable to refuse to terminate the tenancy because it creates safety and access issues and, if permitted, lead to Kāinga Ora incurring significant costs due to Mr Auora and other Kāinga Ora tenants insisting upon making fortresses of their boundaries.
- The Tribunal makes a termination order conditional on Mr Auora removing the structure.
- The conditional termination order will lapse if Mr Auora fully complies with the Tribunal’s work order to remove the barrier. If he does not comply with the work order by 22 May 2026 his tenancy shall terminate, and Kāinga Ora will be entitled to possession one week later on 29 May 2026.
- Kāinga Ora may enforce the possession order for 90 days from any breach pursuant to s 64(4)(b) of the Residential Tenancies Act 1986.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s3, s42, s42A, s56(1), s64(4)
Key findings
- Dispute theme: termination 14day
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5497315?
The tribunal order states: The tenant must by 5.00pm Friday 22 May 2026 remove any fencing, barrier, or
How much money was awarded in case 5497315?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5497315?
The primary dispute was 14-day notice.
Where can I read the official tribunal order for case 5497315?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13591964-Tenancy_Tribunal_Order.pdf.