How much money was awarded in case 4688129?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4688129?

The primary dispute was 14-day notice. Related themes: Leaks.

Where can I read the official tribunal order for case 4688129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9735445-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4688129?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4688129?

The primary dispute was 14-day notice. Related themes: Leaks.

Where can I read the official tribunal order for case 4688129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9735445-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4688129 — 14-day notice

Q: What was Tenancy Tribunal case 4688129 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenancy agreement between [The landlord/s] and Anaru Iehu-Moetara at [Tenancy address suppressed], will terminate on 11 December 2023 at 5pm.

Anaru Iehu-Moetara must pay the filing fee of $20.44 to [The landlord/s].

Reasons

Both parties attended the hearing.

The landlord had applied for termination of the tenancy for breach of the tenant’s obligations to keep the premises reasonably clean and tidy and to not smoke in the premises.

The tenant has an obligation under clause 28 of the tenancy agreement not to smoke, according to the landlord, however the tenancy agreement was not produced.

The landlord issued a breach notice on 10 August 2023 in relation to the tenant smoking on the premises. This followed an inspection on 2 August 2023.

The premises were then also discovered not to be clean and tidy. The landlord did not send a breach notice relating to that issue, but did send a letter noting that the premises were in need of a clean and tidy.

On 31 August 2023, the landlord conducted another inspection. The premises were then allegedly not clean and tidy and there was evidence of ongoing smoking in the form of ash on the floor.

The landlord issued a second breach notice in relation to the condition of the premises and the smoking on 31 August 2023.

At the first hearing of this matter, the landlord produced no evidence that the premises remained unclean and not tidy, or that, since the 31 August notice, the tenant was continuing to smoke.

The matter was adjourned for further hearing for that evidence to be produced. Evidence that the premises are not clean and tidy

The landlord has produced photos of an inspection undertaken on 2 November 2023.

I am satisfied after viewing these that the premises are not clean and tidy. The tenants belonging are piled up in various places, the floor needs a vacuum, the bathroom floor is dirty and there is faeces on the toilet exterior. There are belongings scattered all over the bathroom sink. The extractor fan looks filthy.

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.

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.

I find that the tenant has breached their obligations by failing to comply with the 14 day notice that was served by not ensuring the premises were reasonably clean and tidy.

It would be inequitable to refuse to terminate the tenancy because this has been an ongoing issue. In relation to the smoking, I note that that is also an issue, however I am not prepared to make any findings in that regard because the landlord did not produce the tenancy agreement recording the tenant’s agreement not to smoke.

As to the date of termination, I note that the premises are required by 12 December for replacement of all wall linings, following a water ingress issue. The landlord has notified all tenants on this floor of that work and the tenants were offered the option to simply vacate (for potentially several months) or to terminate. The works are due to start on 12 December 2023.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy agreement between [The landlord/s] and Anaru Iehu-Moetara at [Tenancy address suppressed], will terminate on 11 December 2023 at 5pm.
Anaru Iehu-Moetara must pay the filing fee of $20.44 to [The landlord/s].

Reasons

Both parties attended the hearing.
The landlord had applied for termination of the tenancy for breach of the tenant’s obligations to keep the premises reasonably clean and tidy and to not smoke in the premises.
The tenant has an obligation under clause 28 of the tenancy agreement not to smoke, according to the landlord, however the tenancy agreement was not produced.
The landlord issued a breach notice on 10 August 2023 in relation to the tenant smoking on the premises. This followed an inspection on 2 August 2023.
The premises were then also discovered not to be clean and tidy. The landlord did not send a breach notice relating to that issue, but did send a letter noting that the premises were in need of a clean and tidy.
On 31 August 2023, the landlord conducted another inspection. The premises were then allegedly not clean and tidy and there was evidence of ongoing smoking in the form of ash on the floor.
The landlord issued a second breach notice in relation to the condition of the premises and the smoking on 31 August 2023.
At the first hearing of this matter, the landlord produced no evidence that the premises remained unclean and not tidy, or that, since the 31 August notice, the tenant was continuing to smoke.
The matter was adjourned for further hearing for that evidence to be produced. Evidence that the premises are not clean and tidy
The landlord has produced photos of an inspection undertaken on 2 November 2023.
I am satisfied after viewing these that the premises are not clean and tidy. The tenants belonging are piled up in various places, the floor needs a vacuum, the bathroom floor is dirty and there is faeces on the toilet exterior. There are belongings scattered all over the bathroom sink. The extractor fan looks filthy.

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.
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.
I find that the tenant has breached their obligations by failing to comply with the 14 day notice that was served by not ensuring the premises were reasonably clean and tidy.
It would be inequitable to refuse to terminate the tenancy because this has been an ongoing issue. In relation to the smoking, I note that that is also an issue, however I am not prepared to make any findings in that regard because the landlord did not produce the tenancy agreement recording the tenant’s agreement not to smoke.
As to the date of termination, I note that the premises are required by 12 December for replacement of all wall linings, following a water ingress issue. The landlord has notified all tenants on this floor of that work and the tenants were offered the option to simply vacate (for potentially several months) or to terminate. The works are due to start on 12 December 2023.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4688129 — 14-day notice

At a glance

Tenancy Tribunal case 4688129 — 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