What was the outcome of Tenancy Tribunal case 4678949?

The tribunal order states: The tenancy of Ken Reid at Unit/Flat 103B, 8 Lakewood Court, Manukau,

How much money was awarded in case 4678949?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4678949?

The primary dispute was 14-day notice. Related themes: Cleanliness, Mould & damp.

Where can I read the official tribunal order for case 4678949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9506929-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4678949?

The tribunal order states: The tenancy of Ken Reid at Unit/Flat 103B, 8 Lakewood Court, Manukau,

How much money was awarded in case 4678949?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4678949?

The primary dispute was 14-day notice. Related themes: Cleanliness, Mould & damp.

Where can I read the official tribunal order for case 4678949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9506929-Tenancy_Tribunal_Order.pdf.

Unit/Flat 103B, 8 Lakewood Court, Manukau, Auckland Tenancy Tribunal Case 4678949 — 14-day notice

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Order

The tenancy of Ken Reid at Unit/Flat 103B, 8 Lakewood Court, Manukau, Auckland 2104 is terminated, and possession is granted to Investment Portfolio Management Limited Partnership as Agent for Scott Harrison, at the end of Tuesday 31 October 2023.

Ken Reid must pay Investment Portfolio Management Limited Partnership as Agent for Scott Harrison $20.44 immediately, being reimbursement of filing fee.

Reasons

The applicant attended the hearing. There was no appearance of the tenant.

The tenant rented a studio apartment in a block of 164 apartments in October 2022.

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

Should the tenancy be terminated?

The Tribunal may 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) Residential Tenancies Act 1986 (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.

The tenant has breached their obligations by smoking at the premises in breach of the tenancy agreement and failing to keep the premises reasonably clean and tidy in breach of section 40(1)(c) of the RTA.

The landlord served a 14-day notice on the tenant on 9 August 2023 in respect of the smoking breach, however, the landlord has not filed any evidence that the tenant has smoked in the premises since the notice was issued.

The landlord served a 14-day notice on the tenant on 23 August 2023 in respect of the failure to keep the premises reasonably clean and tidy, and the tenant did not remedy the breach within the required period. The landlord provided a copy of inspection reports at the beginning and end of the 14-day notice period dated 23 August 2023 and 6 September 2023 showing the tenant had not remedied the cleanliness and tidiness of the premises and the condition of the premises had deteriorated.

It would be inequitable to refuse to terminate the tenancy because: (a) The tenant has not attended today to respond to the landlord claims. (b) The tenant has not remedied the 14-day notice to clean the premises. (c) The property manager advised that this had been an ongoing problem and that the tenant has been spoken to and given opportunities to clean the premises but has not responded. (d) The property manager advised that the owner is concerned that the lack of cleaning is speeding up wear and tear on the premises as mould is building up on the shower door seals and the grout and this will be expensive to remedy.

The landlord seeks termination at the end of the fixed term period being Tuesday 31 October 2023.

The property manager has indicated that if on receipt of this order the tenant remedies and cleans and tidies the premises the landlord may choose not to enforce the order.

Because Investment Portfolio Management Limited Partnership as Agent for Scott Harrison has wholly succeeded with the claim I must reimburse the filing fee.

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Order

Ken Reid must pay Investment Portfolio Management Limited Partnership as Agent for Scott Harrison $20.44 immediately, being reimbursement of filing fee.

Reasons

The applicant attended the hearing. There was no appearance of the tenant.

The tenant rented a studio apartment in a block of 164 apartments in October 2022.

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

Should the tenancy be terminated?

The landlord seeks termination at the end of the fixed term period being Tuesday 31 October 2023.

The property manager has indicated that if on receipt of this order the tenant remedies and cleans and tidies the premises the landlord may choose not to enforce the order.

Because Investment Portfolio Management Limited Partnership as Agent for Scott Harrison has wholly succeeded with the claim I must reimburse the filing fee.

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Tenancy Tribunal case 4678949 — 14-day notice at Unit/Flat 103B, 8 Lakewood Court, Manukau, Auckland

At a glance

Tenancy Tribunal case 4678949 — 14-day notice at Unit/Flat 103B, 8 Lakewood Court, Manukau, Auckland

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions