What was Tenancy Tribunal case 4697852 about?

The tribunal order states: The tenancy of Cassandra Turner at [Tenancy address suppressed] is

How much money was awarded in case 4697852?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4697852 D…: $1,363.89 awarded to landlord; Water Rates: $80.37 awarded to landlord

What type of tenancy dispute was case 4697852?

The dispute type was not classified.

Where can I read the official tribunal order for case 4697852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9823124-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4697852 about?

The tribunal order states: The tenancy of Cassandra Turner at [Tenancy address suppressed] is

How much money was awarded in case 4697852?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4697852 D…: $1,363.89 awarded to landlord; Water Rates: $80.37 awarded to landlord

What type of tenancy dispute was case 4697852?

The dispute type was not classified.

Where can I read the official tribunal order for case 4697852?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9823124-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4697852 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4697852 — net $1,464.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4697852 dated 23/11/2023	$1,363.89	Previous order application 4697852 dated 23/11/2023
Water rates	$80.37	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,464.70
Bond	$1,464.70
Total payable by Tenant to Landlord	$1,464.70

The tenancy of Cassandra Turner at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Cassandra Turner to pay [The landlord/s] $1,464.70 from the bond, calculated as shown in the table below:

The Bond Centre is to pay $1,464.70 from the bond of $$3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the bond of $1,735.30 is to remain at the Bond Centre.

Reasons

The hearing was held by teleconference. The agent for the landlord attended the hearing. The tenant did not attend. The tenant could not be reached on the contact number the Tribunal had for the tenant. The absence of a party does not prevent the hearing from proceeding. I am satisfied that the hearing notice is in order and that the tenant was aware or ought to be aware of the proceedings. I considered it reasonable to proceed with the hearing in the absence of the tenant.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and unpaid water rates.

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.

The tenant has breached their obligations by failing to address cleaning issues and multiple damages throughout the premises identified at a routine inspection on 12 September 2023 and anti-social behaviour.

The landlord served a 14-day notice on the tenant on 12 September 2023, and the tenant did not remedy the breach within the required period.

This matter was originally heard on 8 November 2023 where the tenant was given a final opportunity to address the outstanding issues.

The landlord has advised today that a further reinspection of the premises was carried out, but the tenant had failed to remedy any issues. Furthermore, the landlord says there had also been other instances of anti-social behaviour involving the tenant or her guests, including a party which made excessive noise disturbing neighbours.

The tenant was forewarned that termination is a likely consequence if she did not remedy the breaches set out in the breach notice dated 12 September 2023 or if further breaches of anti-social behaviour occurred, but she has not heeded the warnings. In the circumstances, I find it would be inequitable to refuse termination of the tenancy. The tenancy is therefore terminated.

I have added the monetary amount ordered in my earlier decision (order dated 23 November 2023) and have added further water rates owed to date which are supported by water rates invoices provided by the landlord.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4697852 — net $1,464.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4697852 dated 23/11/2023	$1,363.89	Previous order application 4697852 dated 23/11/2023
Water rates	$80.37	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,464.70
Bond	$1,464.70
Total payable by Tenant to Landlord	$1,464.70

Order

The tenancy of Cassandra Turner at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
Cassandra Turner to pay [The landlord/s] $1,464.70 from the bond, calculated as shown in the table below:
The Bond Centre is to pay $1,464.70 from the bond of $$3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the bond of $1,735.30 is to remain at the Bond Centre.

Reasons

The hearing was held by teleconference. The agent for the landlord attended the hearing. The tenant did not attend. The tenant could not be reached on the contact number the Tribunal had for the tenant. The absence of a party does not prevent the hearing from proceeding. I am satisfied that the hearing notice is in order and that the tenant was aware or ought to be aware of the proceedings. I considered it reasonable to proceed with the hearing in the absence of the tenant.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and unpaid water rates.

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.
The tenant has breached their obligations by failing to address cleaning issues and multiple damages throughout the premises identified at a routine inspection on 12 September 2023 and anti-social behaviour.
The landlord served a 14-day notice on the tenant on 12 September 2023, and the tenant did not remedy the breach within the required period.
This matter was originally heard on 8 November 2023 where the tenant was given a final opportunity to address the outstanding issues.
The landlord has advised today that a further reinspection of the premises was carried out, but the tenant had failed to remedy any issues. Furthermore, the landlord says there had also been other instances of anti-social behaviour involving the tenant or her guests, including a party which made excessive noise disturbing neighbours.
The tenant was forewarned that termination is a likely consequence if she did not remedy the breaches set out in the breach notice dated 12 September 2023 or if further breaches of anti-social behaviour occurred, but she has not heeded the warnings. In the circumstances, I find it would be inequitable to refuse termination of the tenancy. The tenancy is therefore terminated.
I have added the monetary amount ordered in my earlier decision (order dated 23 November 2023) and have added further water rates owed to date which are supported by water rates invoices provided by the landlord.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4697852 — Tenancy dispute

At a glance

Tenancy Tribunal case 4697852 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions