What was Tenancy Tribunal case 4646389 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4646389?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4646389?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4646389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9571105-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4646389 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4646389?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4646389?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4646389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9571105-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4646389 — 14-day notice

Tenantcheck Insights

Reasons

Both parties were represented at the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

This matter was first heard on 13 September 2023. I adjourned the proceedings so that the condition of the premises and whether termination was appropriate could be reviewed.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy where the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises. See section 55(1)(b) Residential Tenancies Act 1986 (RTA).

The Tribunal may also terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) RTA.

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.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

I am satisfied on the evidence (photos produced at the hearing) that the tenant has breached their obligations by failing to keep the premises clean and tidy and by causing intentional damage at the premises.

The landlord served a 14-day notice on the tenant on 21 September 2023 and the tenant did not remedy the breach within the required period. I am also satisfied that the photo evidence shows substantial damage to the premises.

It would be inequitable to refuse to terminate the tenancy because of the extent and seriousness of the condition of the premises and damage caused by the tenant.

As discussed at the last hearing, both parties’ representatives agree that the tenant, who is subject to an indefinite community treatment order under the Mental Health Act 1992, is unable to care for himself and the premises, and his ability to do so has significantly deteriorated in the last 6 months or so.

Given the circumstances of the case, and the tenant’s medical condition, I consider that it is not in the Public interest to identify the parties to this application and their details are suppressed accordingly.

Reasons

Both parties were represented at the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

This matter was first heard on 13 September 2023. I adjourned the proceedings so that the condition of the premises and whether termination was appropriate could be reviewed.

Should the tenancy be terminated?

The Tribunal may also terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) RTA.

It would be inequitable to refuse to terminate the tenancy because of the extent and seriousness of the condition of the premises and damage caused by the tenant.

Tenancy Tribunal case 4646389 — 14-day notice

At a glance

Tenancy Tribunal case 4646389 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions