What was Tenancy Tribunal case 4724560 about?

The tribunal order states: The tenant must:

How much money was awarded in case 4724560?

Th Order 2 Above, Then The Landlord…: $500.00 awarded to landlord

What type of tenancy dispute was case 4724560?

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

Where can I read the official tribunal order for case 4724560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9728135-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4724560 about?

The tribunal order states: The tenant must:

How much money was awarded in case 4724560?

Th Order 2 Above, Then The Landlord…: $500.00 awarded to landlord

What type of tenancy dispute was case 4724560?

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

Where can I read the official tribunal order for case 4724560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9728135-Tribunal_Order_Redacted.pdf.

244 St Vincent Street, Toi Toi, Nelson 7010 Tenancy Tribunal Case 4724560 — 14-day notice

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4724560. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
th Order 2 above, then the landlord may undertake the work, or change the lock, and charge the tenant the costs of this	$500.00		th Order 2 above, then the landlord may undertake the work, or change the lock, and charge the tenant the costs of this

The tenant must: a. Remove all of her installed cabling and related materials from the house to the sleepout. She is to return the premises to a condition that is substantially the same as the condition that the premises were in before the cabling installation. This must be completed as soon as possible and no later than Friday 15 January 2024. b. Provide the landlord with a key for the lock to the basement.

If the tenant fails to comply with Order 2 above, then the landlord may undertake the work, or change the lock, and charge the tenant the costs of this work up to $500.00, as supported by appropriate invoices. These costs may be treated as rent in arrears and enforced accordingly.

No other orders are made.

Reasons

Both parties attended the hearing, conducted via teleconference from Blenheim District Court.

The landlord sought termination of the tenancy, access to the locked outside areas, and reinstatement after unauthorised tenant cabling.

The tenant counterclaimed but did not seek any specific orders at the hearing. No compelling evidence to establish any unlawful dwelling was provided.

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

Should the tenancy be terminated?

The landlord served a notice to remedy on the tenant on 20 October 2023, after an onsite visit. This required the tenant remove “cannabis plants and growing (Cultivation) tent and rectifying any electrics 1 ”.

The notice gave until 6 November 2023 to remedy the breach.

Before this date however the landlord lodged the application (27 October 2023) after filing a police report on 24 October 2023.

Section 56 Residential Tenancies Act 1986 (RTA) provides for the termination for non-payment of rent and other breaches: 1 The electric claim by the landlord was in error, he assumed illegal rewiring when an existing electrical outlet was actually in use. (1) On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that— (a) the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b) in the case of a breach capable of remedy,— (i) the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii) the other party failed to remedy the default within the required period; and (c) that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.

The landlord explained of some confusion after receiving Tenancy Services advice. While the notice to remedy indicated a remedy was capable (and the tent was removed; no cannabis plants were proven to exist), the application for termination prior to the expiry of the notice to remedy period appears to rely on s 56(1)(c) RTA; that it would be inequitable to refuse an order for termination.

It is for an applicant to establish evidentially grounds for termination. In this instance, I do not find the landlord has proven any cultivation of cannabis. The tenant submitted the tent was used for her orchids during the colder months. The landlord did not look into the tent, not did he take any photos that might evidence drug cultivation. The respective recounting by the two parties of the conversation at the time differs and each version is plausible. The police acknowledgement of the landlord’s complaint aside, there has been no further police involvement. The landlord says he was advised by them it was a civil matter for this Tribunal.

The tenant acknowledged she is a user of cannabis for medical reasons. She supplied evidence of legal cannabis use for this reason after the hearing. This is useful and may assuage some concerns of the landlord.

Even if cultivation was proven to have occurred, I would have some issue with a termination under s 56(1)(c) when a prior notice indicates it was deemed something that was capable of remedy and it had been remedied within the stated timeframe of any notice.

I do not find there is evidence of cannabis cultivation as claimed and the application for termination is dismissed.

Has the tenant made unauthorised modifications?

Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.

Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.

A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.

On or around 20 October 2023 the tenant raised a possible extension of the internet cabling from the main house to the sleepout. No permission was given but the tenant had the extension made. Photos of the cabling was provided.

I consider the cabling to be unauthorised and more than a minor modification (see s 42B RTA).

The landlord wants the cabling removed and having considered both submissions and the evidence, it is appropriate for this removal to be ordered.

I have made an allowance for the landlord to undertake the work if the tenant fails to do so within the timeframe allowed. A generous timeframe has been set due to the pending summer holiday period and possible delays in getting the contractor to undo the work. If the landlord considers the cap of $500.00 for charging back to the tenant is insufficient, they should lodge a further application for compensation. Application filing fee

Given the limited success of each, they are to carry their own cost of filing. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The tenant requested suppression in her application. Given the nature of the most significant claim by the landlord involves a claim of cannabis cultivation, and the lack of success in prosecuting this, it would be unfair to publish the tenant’s name in this order. The tenant’s name is ordered suppressed.

Order

Claims and awards in Tenancy Tribunal application 4724560. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
th Order 2 above, then the landlord may undertake the work, or change the lock, and charge the tenant the costs of this	$500.00		th Order 2 above, then the landlord may undertake the work, or change the lock, and charge the tenant the costs of this

No other orders are made.

Reasons

Both parties attended the hearing, conducted via teleconference from Blenheim District Court.

The landlord sought termination of the tenancy, access to the locked outside areas, and reinstatement after unauthorised tenant cabling.

The tenant counterclaimed but did not seek any specific orders at the hearing. No compelling evidence to establish any unlawful dwelling was provided.

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered.

Should the tenancy be terminated?

The notice gave until 6 November 2023 to remedy the breach.

Before this date however the landlord lodged the application (27 October 2023) after filing a police report on 24 October 2023.

I do not find there is evidence of cannabis cultivation as claimed and the application for termination is dismissed.

Has the tenant made unauthorised modifications?

Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.

I consider the cabling to be unauthorised and more than a minor modification (see s 42B RTA).

The landlord wants the cabling removed and having considered both submissions and the evidence, it is appropriate for this removal to be ordered.

Given the limited success of each, they are to carry their own cost of filing. Suppression

Tenancy Tribunal case 4724560 — 14-day notice at 244 St Vincent Street, Toi Toi, Nelson 7010

At a glance

Tenancy Tribunal case 4724560 — 14-day notice at 244 St Vincent Street, Toi Toi, Nelson 7010

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Has the tenant made unauthorised modifications?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Has the tenant made unauthorised modifications?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions