property maintenance
📖 What is property maintenance? Meaning and definition
In New Zealand tenancy law, property maintenance outlines the responsibilities of tenants to ensure the rental premises are looked after. This includes keeping the lawns and gardens tidy, and ensuring the outside of the property is free from discarded items like furniture, household appliances, and rubbish. Failure to meet these obligations can lead to disputes with the landlord and potential orders from the Tenancy Tribunal.
Landlords often issue 14-day notices to tenants who are not complying with their maintenance obligations, attempting to resolve the issue before escalating it. If a tenant fails to address the maintenance issues after receiving such a notice, the landlord may apply to the Tenancy Tribunal for a resolution. The Tribunal has the power to make orders for the tenant to carry out the necessary work.
If the Tenancy Tribunal orders a tenant to perform maintenance work, and the work order is not made by consent of both parties, the Tribunal will also issue a monetary order as an alternative. This means if the tenant does not complete the work, they will be required to pay a specified sum of money. Non-compliance with such orders can result in additional costs for enforcement and further legal action.
📋 Requirements
- The property's lawns and grounds must be maintained and not overgrown or unkempt.
- The outside of the premises must be free from discarded items such as furniture, household appliances, and rubbish.
- The tenant must comply with specific obligations under the Residential Tenancies Act 1986 regarding the premises.
📝 Procedure
- Landlord identifies a breach of property maintenance obligations by the tenant.
- Landlord issues a 14-day notice to the tenant to remedy the breach.
- Landlord attempts to engage with the tenant to resolve the maintenance issues.
- If the tenant fails to comply, the landlord may apply to the Tenancy Tribunal.
- The Tenancy Tribunal may order the tenant to carry out the required work.
- If the work order is not by consent, a monetary order is also made as an alternative to compliance.
💡 Examples
- A tenant was ordered to clean the property or pay $1,700 after the landlord provided photographic evidence of overgrown lawns and discarded items outside the premises.
- A landlord issued a 14-day notice to a tenant after repeated attempts to have the outside of the premises returned to a reasonably clean and tidy condition were unsuccessful.
- The Tenancy Tribunal found a tenant failed to comply with their obligations when the outside of the property was littered with household appliances and rubbish.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What are a tenant's basic property maintenance obligations?
A tenant is generally obligated to keep the property, including its exterior and grounds, in a reasonably clean and tidy condition. This includes maintaining lawns and ensuring the outside is free of rubbish and discarded items.
What happens if a tenant doesn't maintain the property?
If a tenant fails to maintain the property, the landlord may issue a 14-day notice to remedy the breach. If the issue persists, the landlord can apply to the Tenancy Tribunal for an order requiring the tenant to perform the work or pay compensation.
Can the Tenancy Tribunal order me to do work on the property?
Yes, the Tenancy Tribunal can make an order for a tenant to carry out specific work to remedy maintenance breaches. If this order is not by consent, a monetary order will also be made as an alternative.
What if I don't comply with a Tenancy Tribunal order for maintenance?
Failure to comply with a Tenancy Tribunal order, whether for work or payment, can result in substantial additional costs for enforcement. This may involve being ordered to appear in the District Court or seizure of your property.
Where can I find more information about my maintenance responsibilities?
You can find more information on the Tenancy Services website (tenancy.govt.nz) or by contacting them directly. For specific legal advice on your situation, it is recommended to consult with a qualified lawyer.