Tenant Must Clear Communal Corridor

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[2025] NZTT 5074649

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]

ORDER

1. The tenant must carry out the following work to the premises, which must be completed by 5pm on Thursday 13 March 2025:

a. Remove the tenant’s belongings, which are currently stored outside his unit in a communal walkway, from the walkway so that the corridor is free of obstacles and is kept clear as a means of escape from fire.

2. If the tenant fails to comply with Order 1 above, then the landlord may undertake the work and charge the tenant the reasonable cost of the work up to $3,500.00. These costs may be treated as rent in arrears and enforced accordingly.

Reasons:

1. The landlord attended the telephone hearing today. Calls to the tenant went to voicemail. The notice of hearing was sent to the tenant on 19 December 2024.

2. The landlord claims that the tenant has failed to keep the premises tidy and failed to ensure escape routes are kept clear. The landlord requests a work order with provision for the landlord to perform the work and charge the cost to the tenant if the tenant does not comply with the work order.

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3. A work order may authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant fails to comply with the work order and any 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. In this case, because the issue relates to health and safety, the Tribunal does not have to make an alternative monetary order.

4. The landlord provided photographs, taken today, which show belongings stored in the communal corridor. The walkway leads to adjoining units and is part of the shared areas of the apartment building. The photographs show a pram, a shopping trolley, several scooters, a washing machine, plants, a fridge, and a BBQ, amongst other items. Several appliances are plugged in and appear to be in use. The electrical wires are a trip-hazard. The belongings block about half the width of the corridor and mean that escape routes in the event of fire are potentially compromised.

5. I have made a work order. I have set the monetary limit at $3,500.00 which is an assessment based on what can be seen in the photographs. This is the maximum amount the landlord can charge the tenant for the cost of doing the work without seeking an amendment to this order.

[NAME]

27 February 2025

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: