What was Tenancy Tribunal case 4706090 about?

This case concerned a 14-day notice dispute.

How much money was awarded in case 4706090?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4706090?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4706090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9689387-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4706090 about?

This case concerned a 14-day notice dispute.

How much money was awarded in case 4706090?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4706090?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4706090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9689387-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4706090 — 14-day notice

Tenantcheck Insights

Reasons

Mr Hallam appeared for the landlord. The tenant appeared.

On 06 October 2023, the landlord 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 (The “Act”).

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 breach in this case is an allegation that the tenant has interfered with the reasonable peace, comfort, and privacy of the neighbours. This is a breach that is capable of remedy. On 17 August 2023, the landlord sent a notice to the tenant.

Under section 56(1) of the Act any breach notice, which is relied on to terminate the tenancy, must specify the nature of the breach and advise the party that the have a reasonable period, not less than 14 days, in which to remedy the breach.

The last paragraph of the notice issued states “if we receive any further complaints of this nature, we will be forced to take further action which may result in termination of your tenancy.

Nowhere in the notice however is there any reference to the tenant having 14 days within which to comply, nor does the notice refer to the section under which it was issued, section 56 (1) of the Act. Reference to at least one should be included.

In this case while the notice specified the nature of the breach it fails to advise the tenant that they have 14 days in which to comply. For the notice to be valid it must provide both. The notice does not, and it is invalid. No other notices have been produced. The application for termination is dismissed.

I add that on the material before me it appears likely that the tenant is engaging in behaviour that is interfering with the reasonable peace, comfort, and privacy of the neighbours. The tenant should take heed, if the alleged behaviour continues, any subsequent application on the back of a valid notice may have a different outcome. Costs

I make no order for reimbursement of the filing fee. Name suppression

Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

I order suppression of the tenant’s name and address of the property. There are no grounds on which to supress the landlord’s details.

Reasons

Mr Hallam appeared for the landlord. The tenant appeared.

On 06 October 2023, the landlord applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The last paragraph of the notice issued states “if we receive any further complaints of this nature, we will be forced to take further action which may result in termination of your tenancy.

I make no order for reimbursement of the filing fee. Name suppression

I order suppression of the tenant’s name and address of the property. There are no grounds on which to supress the landlord’s details.

Tenancy Tribunal case 4706090 — 14-day notice

At a glance

Tenancy Tribunal case 4706090 — 14-day notice

At a glance

Claims & awards

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions