What was Tenancy Tribunal case 4715833 about?

The tribunal order states: The tenancy of [The tenant/s] at 8C Donald Street, Regent, Whangarei

How much money was awarded in case 4715833?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4715833?

The dispute type was not classified.

Where can I read the official tribunal order for case 4715833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9671615-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4715833 about?

The tribunal order states: The tenancy of [The tenant/s] at 8C Donald Street, Regent, Whangarei

How much money was awarded in case 4715833?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4715833?

The dispute type was not classified.

Where can I read the official tribunal order for case 4715833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9671615-Tenancy_Tribunal_Order.pdf.

8C Donald Street, Regent, Whangarei 0110 Tenancy Tribunal Case 4715833 — Tenancy dispute

Order

The tenancy of [The tenant/s] at 8C Donald Street, Regent, Whangarei 0110 is terminated, and possession is granted to Arataki Ministries Limited, at
00 noon on Monday 27 November 2023.
[The tenant/s] must pay Arataki Ministries Limited $20.44 immediately, being the filing fee for this application.

Reasons

The application seeks termination of the tenancy.
The Tenancy Tribunal can make an order terminating the tenancy if: a. There tenant has breached his or her obligations under the terms of the tenancy agreement or the Residential Tenancies Act 1986 (“RTA”); and b. If the breach is capable of being remedied, the landlord has given the tenant a notice identifying the breach and giving the tenant a reasonable period of time (not less than 14-days) to remedy the breach; and c. The breach was not remedied within the notice period; and d. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination 1 .
This tenancy began on 12 September 2023.
In October 2023 the landlord issued three breach notices. The three notices identified the same two issues – unlawful activity at the premises (cannabis use) and exceeding the maximum number of permitted occupants.
The hearing took place in Whangarei on 22 October 2022. Both parties attended the hearing. Ms Katoa and Ms Morunga-Toki represented Arataki Ministries.
Ms Katoa and Ms Morunga-Toki submitted that: a. They smelled cannabis and saw drug paraphernalia at the premises during their inspections. b. Ms Rueben confirmed that there had been cannabis used at the premises but told them that this was no longer happening. c. At their inspection they saw two males at the premises who appeared to be living there.
This application was filed on 18 October.
On 1 November, Arataki Ministries carried out an inspection. The premises were in a very untidy state.
At the hearing today Ms Rueben submitted that: a. There had been cannabis use at the premises, but this has stopped. b. The two males were visitors but were not staying at the property. c. She has tidied up the property since the 1 November inspection.
I am satisfied that there are grounds for termination of this tenancy. Ms Rueben breached the Residential Tenancies Act by using the premises, or permitting them to be used, for an unlawful purpose. The breach is not capable of being remedied. The breach is significant enough to warrant termination of the tenancy having regard to the following factors: a. The unlawful activity was not a ‘one off’. b. The landlord has reasonable concerns about the condition of the premises and about persons whom Ms Rueben is allowing onto the property. c. The tenancy only began two months ago, and multiple breaches have already occurred. 1 Section 56 RTA
The tenancy is terminated. Possession is granted to the landlord at 12.00 noon on Monday 27 November 2023.
Ms Rueben must vacate the premises, remove all of her belongings, dispose of any rubbish, leave the premises reasonably clean and tidy, and return her keys to the landlord 2 .
The landlord has been successful in this application, and I must award the landlord the filing fee for this application ($20.44).

Order

The tenancy of [The tenant/s] at 8C Donald Street, Regent, Whangarei 0110 is terminated, and possession is granted to Arataki Ministries Limited, at

00 noon on Monday 27 November 2023.

[The tenant/s] must pay Arataki Ministries Limited $20.44 immediately, being the filing fee for this application.

Reasons

The application seeks termination of the tenancy.

The Tenancy Tribunal can make an order terminating the tenancy if: a. There tenant has breached his or her obligations under the terms of the tenancy agreement or the Residential Tenancies Act 1986 (“RTA”); and b. If the breach is capable of being remedied, the landlord has given the tenant a notice identifying the breach and giving the tenant a reasonable period of time (not less than 14-days) to remedy the breach; and c. The breach was not remedied within the notice period; and d. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination 1 .

This tenancy began on 12 September 2023.

In October 2023 the landlord issued three breach notices. The three notices identified the same two issues – unlawful activity at the premises (cannabis use) and exceeding the maximum number of permitted occupants.

The hearing took place in Whangarei on 22 October 2022. Both parties attended the hearing. Ms Katoa and Ms Morunga-Toki represented Arataki Ministries.

Ms Katoa and Ms Morunga-Toki submitted that: a. They smelled cannabis and saw drug paraphernalia at the premises during their inspections. b. Ms Rueben confirmed that there had been cannabis used at the premises but told them that this was no longer happening. c. At their inspection they saw two males at the premises who appeared to be living there.

This application was filed on 18 October.

On 1 November, Arataki Ministries carried out an inspection. The premises were in a very untidy state.

At the hearing today Ms Rueben submitted that: a. There had been cannabis use at the premises, but this has stopped. b. The two males were visitors but were not staying at the property. c. She has tidied up the property since the 1 November inspection.

I am satisfied that there are grounds for termination of this tenancy. Ms Rueben breached the Residential Tenancies Act by using the premises, or permitting them to be used, for an unlawful purpose. The breach is not capable of being remedied. The breach is significant enough to warrant termination of the tenancy having regard to the following factors: a. The unlawful activity was not a ‘one off’. b. The landlord has reasonable concerns about the condition of the premises and about persons whom Ms Rueben is allowing onto the property. c. The tenancy only began two months ago, and multiple breaches have already occurred. 1 Section 56 RTA

The tenancy is terminated. Possession is granted to the landlord at 12.00 noon on Monday 27 November 2023.

Ms Rueben must vacate the premises, remove all of her belongings, dispose of any rubbish, leave the premises reasonably clean and tidy, and return her keys to the landlord 2 .

The landlord has been successful in this application, and I must award the landlord the filing fee for this application ($20.44).

Tenancy Tribunal case 4715833 — Tenancy dispute at 8C Donald Street, Regent, Whangarei 0110

At a glance

Claims & awards

Tenancy Tribunal case 4715833 — Tenancy dispute at 8C Donald Street, Regent, Whangarei 0110

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