How much money was awarded in case 4790785?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4790785?

The primary dispute was 14-day notice. Related themes: Cleanliness, Rubbish Removal, Property damage, Replace Smoke Alarms.

Where can I read the official tribunal order for case 4790785?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10059333-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4790785?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4790785?

The primary dispute was 14-day notice. Related themes: Cleanliness, Rubbish Removal, Property damage, Replace Smoke Alarms.

Where can I read the official tribunal order for case 4790785?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10059333-Tenancy_Tribunal_Order.pdf.

51A Bridge Street, Opotiki, Opotiki 3122 Tenancy Tribunal Case 4790785 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4790785?

The tribunal order states: The tenancy of Tiana Elaine Tauakume and Bobette Jade Wilson at 51A Bridge

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Order

The tenancy of Tiana Elaine Tauakume and Bobette Jade Wilson at 51A Bridge Street, Opotiki, Opotiki 3122 is terminated, and possession is granted to Christopher & Joanne Donkin (Partnership) T/A C&J Property Management, immediately.

The remaining claims are dismissed without prejudice. This means that the landlord may file a further application once the final inspection has been completed.

Reasons

The landlord attended the hearing. The tenant did not appear.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, and compensation for cleaning, rubbish removal, and damages.

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.

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 accumulating rubbish on the section which has resulted in a warning letter from council, insanitary state of the premises, lawns overgrown, and damage to windows, oven, and a blocked drain caused by rags and wet wipes.

The landlord served a 14-day notice on the tenant on 29 November 2023 and again on 23 January 2024, and the tenant did not remedy the breach(es) within the required period.

It would be inequitable to refuse to terminate the tenancy because it has been over 3 months since the first notice and there has been no attempt to rectify any of the breaches. The tenant did not attend a scheduled mediated hearing, nor the hearing today. I have also taken into account a previous mediator’s order dated 27 July 2023 which refers to similar issues which demonstrates an ongoing pattern of behaviour. The photographs provided by the landlord show the extent of the rubbish and damage.

The tenancy is terminated.

The remaining claims are premature as the final inspection has not yet taken place. The landlord must file a further application once the claims have been finalised.

Order

The remaining claims are dismissed without prejudice. This means that the landlord may file a further application once the final inspection has been completed.

Reasons

The landlord attended the hearing. The tenant did not appear.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, and compensation for cleaning, rubbish removal, and damages.

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.

The landlord served a 14-day notice on the tenant on 29 November 2023 and again on 23 January 2024, and the tenant did not remedy the breach(es) within the required period.

The tenancy is terminated.

The remaining claims are premature as the final inspection has not yet taken place. The landlord must file a further application once the claims have been finalised.

Tenancy Tribunal case 4790785 — 14-day notice at 51A Bridge Street, Opotiki, Opotiki 3122

At a glance

Tenancy Tribunal case 4790785 — 14-day notice at 51A Bridge Street, Opotiki, Opotiki 3122

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions