What was Tenancy Tribunal case 4828259 about?

The tribunal order states: The tenancy of Saimone Mapa at [tenancy address supressed] is terminated,

How much money was awarded in case 4828259?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4828259?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4828259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10280907-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4828259 about?

The tribunal order states: The tenancy of Saimone Mapa at [tenancy address supressed] is terminated,

How much money was awarded in case 4828259?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4828259?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4828259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10280907-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4828259 — 14-day notice

Tenantcheck Insights

Reasons

Both parties attended the hearing.

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

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 keeping dogs on the premises when clause 4 on page 6 of the tenancy agreement expressly states “the tenant must not keep any pets on the property or permit any person to keep or feed or allow any pet on the property”.

The landlord served four 14-day notices on the tenant on 5 December 2022, 8 January 2023, 30 January 2023 and 13 March 2023. The tenant did not remedy the breaches within the required 14-day period.

The landlord proved: a. There are several other houses that share the backyard area where the dogs roam free when the tenant is home, and they are locked inside when he is out; b. Young children that live in the other adjacent homes fear the dogs; and c. Neighbours have complained to the landlord that the tenant gets aggressive when they have tried to talk to them about their child safety concerns.

I am satisfied that the tenant has failed to remedy the breaches of his tenancy agreement when the breaches were capable of remedy, the landlord has proven the property is not suitable for dogs and the dogs are causing safety issues for neighbouring children. It would be inequitable to refuse to terminate the tenancy. Therefore the tenancy is terminated and possession granted to the landlord from 11:59pm this evening.

Reasons

Both parties attended the hearing.

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

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 four 14-day notices on the tenant on 5 December 2022, 8 January 2023, 30 January 2023 and 13 March 2023. The tenant did not remedy the breaches within the required 14-day period.

Tenancy Tribunal case 4828259 — 14-day notice

At a glance

Tenancy Tribunal case 4828259 — 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