What was Tenancy Tribunal case 4772864 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4772864?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4772864?

The primary dispute was 14-day notice. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4772864?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9874665-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4772864 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4772864?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4772864?

The primary dispute was 14-day notice. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4772864?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9874665-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4772864 — 14-day notice

Reasons

The landlord, [redacted], was represented by [The landlord’s representative/s].

The tenant did not attend the hearing. He is currently an in-patient receiving mental health treatment. The application

The landlord has applied to terminate the tenancy under section 55(1)(b) of the Residential Tenancies Act 1986 (RTA) because the tenant has caused, or has threatened to cause, substantial damage to the premises. The landlord’s evidence

[The landlord’s representative/s] gave evidence that the tenant piled up garden furniture and set it alight. The fire brigade had to attend. The following day he lit two more fires in a pile of furniture and wooden pallets.

[The landlord’s representative/s] said he was alerted to the first fire at 2.00am when another tenant called him.

[The landlord’s representative/s] gave evidence that the tenant threatened to burn the door of his flat.

[The landlord’s representative/s] said that the landlord arranged to commercially clean the tenant’s premises every three months at a cost of $1,200.00. Two weeks after the last clean, 22 bags of rubbish had already accumulated and had to be removed.

As well, [The landlord’s representative/s] said the tenant has caused damage to the property. The landlord will fund the repair cost of the damage, but it sought the bond as a small contribution to its costs.

Should the tenancy be terminated?

This fact situation satisfies the requirements for termination of the tenancy under section 55(1)(b) RTA. I am satisfied that the tenant has caused, or has threatened to cause, substantial damage to the premises by lighting fires. That action also poses a risk to other tenants.

I have terminated the tenancy with immediate effect as the tenant is currently receiving in-patient care. Hopefully, arrangements for other accommodation can be made before his discharge.

Under section 55(2) RTA the Tribunal has a very limited discretion not to terminate a tenancy in a situation such as this.

This is a breach that is not capable of remedy. Although that does not prevent the exercise of the discretion in the tenant’s favour, the Tribunal cannot be satisfied that he will not commit the same or a similar breach again. Therefore, the grounds for exercising the limited discretion available are not met. The bond

I have awarded the bond to the landlord as the repair of damage and the cleaning costs, though not part of the application (other than the repair cost of a wall which will likely exceed the amount of the bond) will be met by the landlord.

The landlord did not seek the Tribunal filing fee. Name suppression

[The landlord’s representative/s] sought name suppression orders for both parties. The landlord is entitled to name suppression as its application is successful. I have decided to make a name suppression order for the tenant as well given his mental health issues. This order contains sensitive information. There is little if any public interest in the tenant’s details being published – see section 95A RTA.

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately today.
The Bond Centre is to pay the bond of $260.00 ([Bond number suppressed]) to [The applicant/s] immediately.

Reasons

The landlord, [redacted], was represented by [The landlord’s representative/s].
The tenant did not attend the hearing. He is currently an in-patient receiving mental health treatment. The application
The landlord has applied to terminate the tenancy under section 55(1)(b) of the Residential Tenancies Act 1986 (RTA) because the tenant has caused, or has threatened to cause, substantial damage to the premises. The landlord’s evidence
[The landlord’s representative/s] gave evidence that the tenant piled up garden furniture and set it alight. The fire brigade had to attend. The following day he lit two more fires in a pile of furniture and wooden pallets.
[The landlord’s representative/s] said he was alerted to the first fire at 2.00am when another tenant called him.
[The landlord’s representative/s] gave evidence that the tenant threatened to burn the door of his flat.
[The landlord’s representative/s] said that the landlord arranged to commercially clean the tenant’s premises every three months at a cost of $1,200.00. Two weeks after the last clean, 22 bags of rubbish had already accumulated and had to be removed.
As well, [The landlord’s representative/s] said the tenant has caused damage to the property. The landlord will fund the repair cost of the damage, but it sought the bond as a small contribution to its costs.

Should the tenancy be terminated?

This fact situation satisfies the requirements for termination of the tenancy under section 55(1)(b) RTA. I am satisfied that the tenant has caused, or has threatened to cause, substantial damage to the premises by lighting fires. That action also poses a risk to other tenants.
I have terminated the tenancy with immediate effect as the tenant is currently receiving in-patient care. Hopefully, arrangements for other accommodation can be made before his discharge.
Under section 55(2) RTA the Tribunal has a very limited discretion not to terminate a tenancy in a situation such as this.
This is a breach that is not capable of remedy. Although that does not prevent the exercise of the discretion in the tenant’s favour, the Tribunal cannot be satisfied that he will not commit the same or a similar breach again. Therefore, the grounds for exercising the limited discretion available are not met. The bond
I have awarded the bond to the landlord as the repair of damage and the cleaning costs, though not part of the application (other than the repair cost of a wall which will likely exceed the amount of the bond) will be met by the landlord.
The landlord did not seek the Tribunal filing fee. Name suppression
[The landlord’s representative/s] sought name suppression orders for both parties. The landlord is entitled to name suppression as its application is successful. I have decided to make a name suppression order for the tenant as well given his mental health issues. This order contains sensitive information. There is little if any public interest in the tenant’s details being published – see section 95A RTA.

Tenancy Tribunal case 4772864 — 14-day notice

At a glance

Tenancy Tribunal case 4772864 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions