What was Tenancy Tribunal case 4694992 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 41A Honore Drive,

How much money was awarded in case 4694992?

2. The Tenant Is To Pay: $20.44 awarded to landlord

What type of tenancy dispute was case 4694992?

The dispute type was not classified.

Where can I read the official tribunal order for case 4694992?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9778339-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4694992 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 41A Honore Drive,

How much money was awarded in case 4694992?

2. The Tenant Is To Pay: $20.44 awarded to landlord

What type of tenancy dispute was case 4694992?

The dispute type was not classified.

Where can I read the official tribunal order for case 4694992?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9778339-Tenancy_Tribunal_Order.pdf.

41A Honore Drive, Linton, RD 2, Palmerston North 4472 Tenancy Tribunal Case 4694992 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4694992. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
2. The tenant is to pay	$20.44		2. The tenant is to pay

The tenancy of [The tenant/s] and [The tenant/s] at 41A Honore Drive, Linton, RD 2, Palmerston North 4472 is terminated and possession is granted to Inspire Property Management Limited As Agent For Jordan Robertson, at

59 pm Sunday 7 January 2024.

The tenant is to pay $20.44 immediately to the landlord being reimbursement of the filing fee.

Reasons

The landlord attended the hearing.

The tenant emailed the Tribunal on the morning of the hearing saying that she was unwell and asking to attend by telephone.

Section 95 RTA provides that except for applications under section 56B, the proceedings of the Tribunal shall be conducted in public. While section 96(3A) provides that a hearing may be conducted by telephone if the Tenancy Adjudicator conducting the hearing considers it appropriate.

Despite being provided with no evidence supporting the tenant’s claim of being unwell, the tenant was telephoned twice without the tenant answering the Tribunal’s call and a message was left. The tenant did not therefore attend the hearing.

At the hearing on 7 November 2023 attended by the landlord in person and the tenant by telephone, the tenant claimed to have remedied all the items listed in the landlord’s notice of breaches detailed in the Tribunal’s Order of 7 November 2023 (“the first Order”).

The first Order provided that the landlord would inspect the property on 10 November 2023 to satisfy itself that the landlord had remedied the breaches.

The landlord advised that she inspected the property on 10 and 16 November 2023 and that the tenant remained in breach of her obligations under the Residential Tenancies Act 1986 and her tenancy agreement and had not remedied any of the items listed in the first Order.

The tenant emailed the Tribunal on 21 November 2023 to advise that of the eleven breaches detailed in the first Order, she had remedied four: she had signed a new tenancy agreement, pet agreement and bond transfer form and had removed the security camera. On the landlord’s evidence, none of these were completed by the date stipulated in the first Order and all of which the tenant claimed at the hearing to have done.

The remaining breaches which the tenant has not remedied include the removal of a portable cabin, reconnecting a wall heater, removing a substantial amount of rubbish from the section, repairing a gate and a garage door.

The landlord confirmed that it was seeking a termination of the tenancy.

The tenant has now had over four months since the landlord issued its first notice to remedy breaches and over six weeks from the date of the first Order to remedy the breaches. She has not done so despite claiming that the works were already completed at the time of the first hearing.

In the first Order, the Tribunal gave the tenant a “final opportunity” to remedy the breaches and noted that a failure to do so would be likely to result in the termination of the tenancy. The tenant has not heeded these warnings and so it would now be inequitable to refuse to terminate the tenancy.

As the landlord has been successful in its application, the Tribunal must award it reimbursement of the filing fee. See section 102(4) RTA.

Claims and awards in Tenancy Tribunal application 4694992. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
2. The tenant is to pay	$20.44		2. The tenant is to pay

Order

The tenancy of [The tenant/s] and [The tenant/s] at 41A Honore Drive, Linton, RD 2, Palmerston North 4472 is terminated and possession is granted to Inspire Property Management Limited As Agent For Jordan Robertson, at
59 pm Sunday 7 January 2024.
The tenant is to pay $20.44 immediately to the landlord being reimbursement of the filing fee.

Reasons

The landlord attended the hearing.
The tenant emailed the Tribunal on the morning of the hearing saying that she was unwell and asking to attend by telephone.
Section 95 RTA provides that except for applications under section 56B, the proceedings of the Tribunal shall be conducted in public. While section 96(3A) provides that a hearing may be conducted by telephone if the Tenancy Adjudicator conducting the hearing considers it appropriate.
Despite being provided with no evidence supporting the tenant’s claim of being unwell, the tenant was telephoned twice without the tenant answering the Tribunal’s call and a message was left. The tenant did not therefore attend the hearing.
At the hearing on 7 November 2023 attended by the landlord in person and the tenant by telephone, the tenant claimed to have remedied all the items listed in the landlord’s notice of breaches detailed in the Tribunal’s Order of 7 November 2023 (“the first Order”).
The first Order provided that the landlord would inspect the property on 10 November 2023 to satisfy itself that the landlord had remedied the breaches.
The landlord advised that she inspected the property on 10 and 16 November 2023 and that the tenant remained in breach of her obligations under the Residential Tenancies Act 1986 and her tenancy agreement and had not remedied any of the items listed in the first Order.
The tenant emailed the Tribunal on 21 November 2023 to advise that of the eleven breaches detailed in the first Order, she had remedied four: she had signed a new tenancy agreement, pet agreement and bond transfer form and had removed the security camera. On the landlord’s evidence, none of these were completed by the date stipulated in the first Order and all of which the tenant claimed at the hearing to have done.
The remaining breaches which the tenant has not remedied include the removal of a portable cabin, reconnecting a wall heater, removing a substantial amount of rubbish from the section, repairing a gate and a garage door.
The landlord confirmed that it was seeking a termination of the tenancy.
The tenant has now had over four months since the landlord issued its first notice to remedy breaches and over six weeks from the date of the first Order to remedy the breaches. She has not done so despite claiming that the works were already completed at the time of the first hearing.
In the first Order, the Tribunal gave the tenant a “final opportunity” to remedy the breaches and noted that a failure to do so would be likely to result in the termination of the tenancy. The tenant has not heeded these warnings and so it would now be inequitable to refuse to terminate the tenancy.
As the landlord has been successful in its application, the Tribunal must award it reimbursement of the filing fee. See section 102(4) RTA.

Tenancy Tribunal case 4694992 — Tenancy dispute at 41A Honore Drive, Linton, RD 2, Palmerston North 4472

At a glance

Claims & awards

Tenancy Tribunal case 4694992 — Tenancy dispute at 41A Honore Drive, Linton, RD 2, Palmerston North 4472

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions