How much money was awarded in case 4772917?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4772917?

The primary dispute was 14-day notice. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4772917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9897195-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4772917?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4772917?

The primary dispute was 14-day notice. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4772917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9897195-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4772917 — 14-day notice

Q: What was Tenancy Tribunal case 4772917 about?

The tribunal order states: The tenancy of Samuel Dol at [Tenancy address suppressed] is terminated, and

Tenantcheck Insights

Order

The tenancy of Samuel Dol at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59 on Tuesday 30 January 2024.

[The landlord/s] must provide Samuel Dol with a reasonable period to collect his belongings. If he fails to collect them, they must take any of his personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them. They may then dispose of the other goods left at the premises by Mr Dol as they sees fit.

Reasons

The landlord attended the hearing. There was no appearance for the tenant however as he had been served with the notice of hearing, it went ahead in his absence.

The landlord has 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 (RTA).

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 tenant has breached their obligations by failing to keep the property reasonably clean and tidy (section 40(1)(c) of the RTA), graffitiing the property in breach of section 40(2(a) of the RTA and damaging the smoke alarm in breach of s40(1)(ca) of the RTA.

The landlord served several 14-day notices on the tenant, and he did not remedy the breaches within the required periods.

It would be inequitable to refuse to terminate the tenancy because the tenant has damaged the property, the property is in an exceptionally messy state, and he has not responded to the landlord’s requests or the Tribunal. There is also evidence from the Ministry of Social Development that the tenant is no longer residing at the property.

Accordingly, the tenancy is terminated.

As the tenant has a number of belongings at the property, the landlord is to provide him with a reasonable opportunity to collect them. If he does not comply with this request given the value of the goods is below the cost of storing, transporting and selling them, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) RTA.

As the landlord was successful in their claim, I also approve their application for suppression.

Order

The tenancy of Samuel Dol at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59 on Tuesday 30 January 2024.

Reasons

The landlord attended the hearing. There was no appearance for the tenant however as he had been served with the notice of hearing, it went ahead in his absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The landlord served several 14-day notices on the tenant, and he did not remedy the breaches within the required periods.

Accordingly, the tenancy is terminated.

As the landlord was successful in their claim, I also approve their application for suppression.

Tenancy Tribunal case 4772917 — 14-day notice

At a glance

Tenancy Tribunal case 4772917 — 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