What was Tenancy Tribunal case 4770737 about?

The tribunal order states: The tenant must remove the dog he has been keeping at Unit/Flat 2, 28

How much money was awarded in case 4770737?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4770737?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4770737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9924354-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4770737 about?

The tribunal order states: The tenant must remove the dog he has been keeping at Unit/Flat 2, 28

How much money was awarded in case 4770737?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4770737?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4770737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9924354-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 28 Kimpton Road, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4770737 — Rent arrears

Tenantcheck Insights

Order

The tenant must remove the dog he has been keeping at Unit/Flat 2, 28 Kimpton Road, Papatoetoe, Auckland 2025 (“the premises”) on or by 11:59pm on Wednesday 6 March 2024.

If the tenant fails to comply with Order 1 above, then the landlord may have the dog removed from the premises, at the tenant’s expense, by whatever means it deems necessary. Any expenses incurred in the removal of the dog will be treated as rent arrears and will fall due immediately.

Reasons

Both parties attended the hearing.

The landlord claims that the tenant has been keeping a dog the premises since around July 2023. The landlord wants the problem fixed.

The landlord has issued the tenant with three 14-day notices, on 10/08/23, 26/10/23 and 27/11/23, requiring the tenant to remove the dog from the premises as the premises are not suitable for a dog.

The landlord also confirmed the tenant signed appendices C of the tenancy agreement that states the tenant must inform the landlord if he wishes to keep a pet, prior to getting the pet and that consent for a dog may be withheld if the premises are not suitable for a dog.

The landlord has also confirmed the premises are not deemed suitable for a dog, so even if the tenant had asked for permission to keep the dog at his current address, the landlord would not have granted him the permission he sought.

The tenant confirmed he did sign that “can I keep a pet” provision of the tenancy agreement and he understood that he should have sought permission from the landlord before getting the dog. However, he stated that he had not planned to have a dog so had not sought prior permission from the landlord. He explained the dog was a birthday present from a friend, as the friend was aware the tenant was struggling emotionally due to grief and other personal issues in his life. He stated that he and the dog are inseparable, and he would rather live in his car with the dog than live without the dog and is prepared to move to any other Kāinga Ora–Homes And Communities property that is suitable for him and the dog.

The tenant also confirmed that the dog is registered, is not a specified dangerous or menacing dog under the Dog Control Act 1996, is not barking or causing any issues at the property, reiterated that the dog is a strong emotional support for him and has contributed significantly to him being able to turn his life around. He has also confirmed he will seek an urgent transfer from his Housing Support Manager and has asked to be able to keep his dog until he is transferred. He has also stated he is willing to go anywhere where he can have the dog.

The tenant is in breach of the terms of his tenancy agreement and the landlord has the right to seek an order to have the dog removed from premises that are unsuitable for the tenant to keep the dog in. Therefore, I grant the order sought and the dog must be removed from the premises within 28 days from the date of this order, being 6 March 2024.

Order

The tenant must remove the dog he has been keeping at Unit/Flat 2, 28 Kimpton Road, Papatoetoe, Auckland 2025 (“the premises”) on or by 11:59pm on Wednesday 6 March 2024.

Reasons

Both parties attended the hearing.

The landlord claims that the tenant has been keeping a dog the premises since around July 2023. The landlord wants the problem fixed.

The landlord has issued the tenant with three 14-day notices, on 10/08/23, 26/10/23 and 27/11/23, requiring the tenant to remove the dog from the premises as the premises are not suitable for a dog.

Tenancy Tribunal case 4770737 — Rent arrears at Unit/Flat 2, 28 Kimpton Road, Papatoetoe, Auckland 2025

At a glance

Claims & awards

Tenancy Tribunal case 4770737 — Rent arrears at Unit/Flat 2, 28 Kimpton Road, Papatoetoe, Auckland 2025

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions