Tenant Ordered to Clear Hallway Leading to Front Door
📌 In brief
The Tenancy Tribunal ordered a tenant to remove belongings blocking the hallway leading to the front door, ensuring compliance with fire safety regulations under the Residential Tenancies Act 1986 and the Building Act 2004.
⚖️ Legal holding
A tenant must not obstruct a means of escape from fire as defined by the Building Act 2004.
📖 What the law says
This section outlines a tenant's responsibilities, which include paying rent, keeping the premises reasonably clean and tidy, and notifying the landlord of any damage or need for repairs. It also covers what a tenant must do when moving out, such as removing all their belongings and leaving the premises clean.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to remove belongings obstructing the hallway leading to the front door.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to remove belongings obstructing the hallway leading to the front door, citing breaches of the Residential Tenancies Act 1986 and the Building Act 2004.
📚 Full judgment Official document
__________________________________________________________________________________ 5241212 1
[2025] NZTT 5241212
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenant must carry out the following work to the premises, which must be completed by 5.00 pm on Wednesday 21 May 2025:
a. Remove all belongings from the hallway leading to the front door.
Reasons:
1. Both parties attended the hearing which was held by teleconference. [NAME] answered [NAME]’s telephone and advised that she had authority to represent [NAME]. [NAME] advised that she is [NAME]’s sister.
2. The landlord claims [NAME] is obstructing the front door by placing belongings in the only hallway that leads to the front door. The landlord claims this breaches the Residential Tenancies Act, 1986 (the “RTA”) which states the tenant shall not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab).
https://www.legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306035
__________________________________________________________________________________ 5241212 2
3. Section 7 of the Building Act 2004 defines “means of escape from fire” as: a continuous unobstructed route of travel from any part of the floor area of that building to a place of safety.
4. The landlord provided photographs in support of their application which show plastic and cardboard boxes, a bucket, a chair and other belongings in the hallway that leads to the front door.
5. The landlord has served two 14-day notices on the tenant pursuant to section 56 RTA, one on 3 September 2024 and one on 10 March 2025. These have not been complied with.
6. The landlord stated they are not at this stage seeking termination for failure to comply with the 14-day notices, but that is an option open to them further down the track.
7. Both parties agree that the front door is the only entry and exit point to the premises.
8. [NAME] stated that [NAME] has not had any problem slipping, tripping or falling when walking along the hallway. In her view the belongs do not obstruct egress.
9. [NAME] also raised her own complaints such as the lack of a second exit or a ladder down from the second floor, the landlord not forwarding the tenant’s correspondence to Tenancy Services, and her belief that the landlord is harassing [NAME]. These complaints may or may not have merit. To assess their relative merits these claims will have to be made via the proper channels, either an application to Tenancy Services, or a complaint to the landlord or by some other means.
10. I have considered whether an adjournment should be granted to give the tenant an opportunity to file a cross application. I do not consider that these potential complaints impact on my ability to determine today’s application, and I do not consider these complaints warrant an adjournment before today’s application is determined.
11. I am persuaded by the landlord’s submissions that the hallway is part of a means of escape from fire under the Building Act 2004 and that it is being obstructed by the tenant’s belongings. This is a breach of section 40(2)(ab) of the RTA.
12. I accept [NAME]’s submission that the belongings in the hallway have not caused any accidents so far, but that is not the test. In an emergency situation there are many reasons why any small obstruction could have a serious or disastrous consequence.
__________________________________________________________________________________ 5241212 3
13. The landlord is hopeful that the tenant will comply with this order. The landlord is not seeking any other order in relation to the breach. However if the tenant fails to comply with this Order, it is likely the parties will find them back before the Tribunal with a potentially more serious application.
C Lamdin
14 May 2025
__________________________________________________________________________________ 5241212 4
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/
__________________________________________________________________________________ 5241212 5
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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided photographs showing various belongings obstructing the hallway leading to the front door.
- The landlord had previously issued two 14-day notices to the tenant regarding the obstruction, which were not complied with.
- Both parties agreed that the front door and its hallway serve as the only entry and exit point for the premises.
- The hallway is considered part of a "means of escape from fire" under the Building Act 2004, and the tenant's belongings obstructed it.
- The obstruction of a fire escape route is a breach of the Residential Tenancies Act.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to remove belongings obstructing the hallway leading to the front door.
What was the dispute about?
The dispute was about the tenant's belongings obstructing the hallway leading to the front door, posing a fire safety risk.
How did the court decide, and why?
The court decided that the tenant must remove the belongings because they obstructed the means of escape from fire, as defined by the Building Act 2004.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 40(2)(ab), and the Building Act 2004, section 7, were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant's belongings obstructed the hallway, which is a continuous unobstructed route of travel to a place of safety as defined by the Building Act 2004.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that they must ensure their belongings do not obstruct fire escape routes as required by law.
What evidence or documents mattered?
Photographs provided by the landlord showing the belongings obstructing the hallway were important evidence.