What was Tenancy Tribunal case 4810338 about?

The tribunal order states: The tenancy of Chris William Junior Oneroa at [Tenancy address suppressed] is

How much money was awarded in case 4810338?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4810338?

The dispute type was not classified.

Where can I read the official tribunal order for case 4810338?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10303461-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4810338 about?

The tribunal order states: The tenancy of Chris William Junior Oneroa at [Tenancy address suppressed] is

How much money was awarded in case 4810338?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4810338?

The dispute type was not classified.

Where can I read the official tribunal order for case 4810338?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10303461-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4810338 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4810338 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. The tenant’s support person has been to the tenant’s flat and informed him of today’s hearing and came to the hearing to support the tenant. The support person also went to the tenant’s home this morning to support him to attend the hearing and the tenant was not at home.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and reimbursement of the filing fee.

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: a. Failing to remove the rubbish/belongings from the front of his rental premises, causing a cockroach infestation for his premise and those of his neighbours; b. Failure to remedy damage to the walls in the lounge and hallway by removing the drawings on the walls; c. Failure to remedy holes made in bedroom 1’s walls; d. Failure to evict an extra tenant from bedroom 3 that is not on the tenancy agreement; e. Failure to clean the floors throughout the premises to a reasonably clean and tidy standard; f. Failure to clean the kitchen sink bench to a reasonably clean and tidy standard; g. Failure to maintain the appliances provided to the tenant in a reasonable state of repair and cleanliness; h. Failure to put the smoke alarm back on the hallway ceiling after removing it without consent and in breach of his tenant obligations pursuant to s40(1)(ca) of the Residential Tenancies Act 1986 to comply with all requirements in respect of smoke alarms imposed on the tenant by regulations made under section 138A,

The landlord served three 14-day notices on the tenant on 15/11/2023, 15/12/2023 and 02/02/2024, and the tenant did not remedy the breaches within the required period.

It would be inequitable to refuse to terminate the tenancy because the tenant has been given ample opportunity and support to remedy the breaches of his tenancy agreement and has not. He has had support to assist him to remedy the breaches and still has not. He has failed to appear at today’s hearing where he could have given an undertaking to remedy the breaches and his breaches are damaging the landlord’s property and negatively impacting on his neighbour’s enjoyment of their homes.

For the reasons above, I terminate the tenancy and grant possession of the property to the landlord. Reimbursement of the filing fee

Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4810338 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Order

The tenancy of Chris William Junior Oneroa at [Tenancy address suppressed] is terminated, and possession is granted to [the landlord], at 11:59pm on Tuesday 7 May 2024.
Chris William Junior Oneroa must pay [the landlord] $20.44 immediately calculated as set out in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. The tenant’s support person has been to the tenant’s flat and informed him of today’s hearing and came to the hearing to support the tenant. The support person also went to the tenant’s home this morning to support him to attend the hearing and the tenant was not at home.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and reimbursement of the filing fee.

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: a. Failing to remove the rubbish/belongings from the front of his rental premises, causing a cockroach infestation for his premise and those of his neighbours; b. Failure to remedy damage to the walls in the lounge and hallway by removing the drawings on the walls; c. Failure to remedy holes made in bedroom 1’s walls; d. Failure to evict an extra tenant from bedroom 3 that is not on the tenancy agreement; e. Failure to clean the floors throughout the premises to a reasonably clean and tidy standard; f. Failure to clean the kitchen sink bench to a reasonably clean and tidy standard; g. Failure to maintain the appliances provided to the tenant in a reasonable state of repair and cleanliness; h. Failure to put the smoke alarm back on the hallway ceiling after removing it without consent and in breach of his tenant obligations pursuant to s40(1)(ca) of the Residential Tenancies Act 1986 to comply with all requirements in respect of smoke alarms imposed on the tenant by regulations made under section 138A,
The landlord served three 14-day notices on the tenant on 15/11/2023, 15/12/2023 and 02/02/2024, and the tenant did not remedy the breaches within the required period.
It would be inequitable to refuse to terminate the tenancy because the tenant has been given ample opportunity and support to remedy the breaches of his tenancy agreement and has not. He has had support to assist him to remedy the breaches and still has not. He has failed to appear at today’s hearing where he could have given an undertaking to remedy the breaches and his breaches are damaging the landlord’s property and negatively impacting on his neighbour’s enjoyment of their homes.
For the reasons above, I terminate the tenancy and grant possession of the property to the landlord. Reimbursement of the filing fee
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4810338 — Tenancy dispute

At a glance

Tenancy Tribunal case 4810338 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions