What was Tenancy Tribunal case 4624489 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4624489?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4624489?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4624489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9334797-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4624489 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4624489?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4624489?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4624489?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9334797-Tribunal_Order_Redacted.pdf.

15B Edgecumbe Street, Whitiora, Hamilton 3200 Tenancy Tribunal Case 4624489 — 14-day notice

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Arapeta Hirama must remove the dog from the premises before 10:00am on Friday 1 September 2023.
If the tenant fails to comply with order 2, the tenancy at 15B Edgecumbe Street, Whitiora, Hamilton 3200 will terminate and the landlord will have immediate possession of the premises.
Arapeta Hirama must pay [The applicant/s] $20.44 immediately, being the filing fee.
This order amends and replaces the previous order to correct an error in the date in order 2. The previous order dated 23 August 2023 cannot be enforced.

Reasons

The landlord’s representatives attended the hearing on 23 August 2023.
Arapeta Hirama did not attend. The file shows that notice of the hearing has been posted and emailed to him, so I did continue in his absence.
The landlord has applied for an order that a dog be removed from the premises. The landlord also seeks an order to terminate the tenancy if the dog is not removed. Removal of the dog from the premises or the tenancy will terminate immediately
The Tribunal may terminate a tenancy where a tenant has breached the tenancy agreement or the law, and where the nature or extent of the breach means that 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. See section 56(1) Residential Tenancies Act 1986.
The tenancy agreement states that pets are not allowed unless the landlord agrees in writing. The landlord does not agree that the dog can remain at the premises.
The landlord has proven that there is a dog at the premises. This is a breach.
The landlord served a written notice on the tenant on 12 June 2023 which required the dog to be removed within a reasonable period of not less than 14 days.
A photograph shows the dog at the premises on 5 July 2023. The breach was not remedied.
On the evidence presented, I agree that it would be inequitable to refuse to terminate the tenancy in this case, because:- a. The tenancy address is one of three units which share lawns and other common areas and there is evidence that the dog is not always secured and sometimes enters onto neighbouring property, b. The dog has caused nuisance to neighbours including pooing on shared lawns, c. The dog has intimidated potential tenants and a letting agent while they were viewing a neighbouring unit by running out while unsecured and barking, d. There is a written statement from a previous neighbour which describes conflict between the tenant and that neighbour about the dog accessing the shared lawns and the landlord says that this neighbour has now moved out because of the conflict.
The tenant did not attend the hearing, so I have no evidence from him.
The landlord agrees to one last chance for the tenant to remove the dog before the tenancy is terminated.
I have therefore made an order that the dog must be removed by 10:00am on Friday 1 September 2023.
If the dog is not removed by this date and time, the tenancy will terminate and the landlord will have the right to immediate possession.
If the tenant breaches the order the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The landlord has wholly succeeded with the claim so I must reimburse the filing fee and suppress its name (as applied for). Amendment and replacement of order dated 23 August 2023
I made an order under this application number on the same day of the hearing – 23 August 2023.
That order contained an error in the date in order 2.
This order now amends and replaces the previous order which can no longer be enforced.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Arapeta Hirama must remove the dog from the premises before 10:00am on Friday 1 September 2023.
If the tenant fails to comply with order 2, the tenancy at 15B Edgecumbe Street, Whitiora, Hamilton 3200 will terminate and the landlord will have immediate possession of the premises.
Arapeta Hirama must pay [The applicant/s] $20.44 immediately, being the filing fee.
This order amends and replaces the previous order to correct an error in the date in order 2. The previous order dated 23 August 2023 cannot be enforced.

Reasons

The landlord’s representatives attended the hearing on 23 August 2023.
Arapeta Hirama did not attend. The file shows that notice of the hearing has been posted and emailed to him, so I did continue in his absence.
The landlord has applied for an order that a dog be removed from the premises. The landlord also seeks an order to terminate the tenancy if the dog is not removed. Removal of the dog from the premises or the tenancy will terminate immediately
The Tribunal may terminate a tenancy where a tenant has breached the tenancy agreement or the law, and where the nature or extent of the breach means that 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. See section 56(1) Residential Tenancies Act 1986.
The tenancy agreement states that pets are not allowed unless the landlord agrees in writing. The landlord does not agree that the dog can remain at the premises.
The landlord has proven that there is a dog at the premises. This is a breach.
The landlord served a written notice on the tenant on 12 June 2023 which required the dog to be removed within a reasonable period of not less than 14 days.
A photograph shows the dog at the premises on 5 July 2023. The breach was not remedied.
On the evidence presented, I agree that it would be inequitable to refuse to terminate the tenancy in this case, because:- a. The tenancy address is one of three units which share lawns and other common areas and there is evidence that the dog is not always secured and sometimes enters onto neighbouring property, b. The dog has caused nuisance to neighbours including pooing on shared lawns, c. The dog has intimidated potential tenants and a letting agent while they were viewing a neighbouring unit by running out while unsecured and barking, d. There is a written statement from a previous neighbour which describes conflict between the tenant and that neighbour about the dog accessing the shared lawns and the landlord says that this neighbour has now moved out because of the conflict.
The tenant did not attend the hearing, so I have no evidence from him.
The landlord agrees to one last chance for the tenant to remove the dog before the tenancy is terminated.
I have therefore made an order that the dog must be removed by 10:00am on Friday 1 September 2023.
If the dog is not removed by this date and time, the tenancy will terminate and the landlord will have the right to immediate possession.
If the tenant breaches the order the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The landlord has wholly succeeded with the claim so I must reimburse the filing fee and suppress its name (as applied for). Amendment and replacement of order dated 23 August 2023
I made an order under this application number on the same day of the hearing – 23 August 2023.
That order contained an error in the date in order 2.
This order now amends and replaces the previous order which can no longer be enforced.

Tenancy Tribunal case 4624489 — 14-day notice at 15B Edgecumbe Street, Whitiora, Hamilton 3200

At a glance

Tenancy Tribunal case 4624489 — 14-day notice at 15B Edgecumbe Street, Whitiora, Hamilton 3200

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions