What was Tenancy Tribunal case 4843866 about?

The tribunal order states: The tenancy of Lilly Te Wera at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4843866?

Sed] Is Terminated, And Possession I…: $20.44 awarded to landlord

What type of tenancy dispute was case 4843866?

The dispute type was not classified.

Where can I read the official tribunal order for case 4843866?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10831412-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4843866 about?

The tribunal order states: The tenancy of Lilly Te Wera at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4843866?

Sed] Is Terminated, And Possession I…: $20.44 awarded to landlord

What type of tenancy dispute was case 4843866?

The dispute type was not classified.

Where can I read the official tribunal order for case 4843866?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10831412-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4843866 — Tenancy dispute

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New Zealand Tenancy Tribunal Case 4843866 — Tenancy dispute | TenantCheck

Claims and awards in Tenancy Tribunal application 4843866. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
sed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024 2. The Tenant shall pa	$20.44		sed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024 2. The Tenant shall pa

Claims and awards for application 4843866. Verify on MoJ.

sed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024 2. The Tenant shall pa

Amount: $20.44
Awarded to: Landlord
Reason: sed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024 2. The Tenant shall pa

Order

The tenancy of Lilly Te Wera at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024
The Tenant shall pay the Landlord $20.44 immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for termination of the tenancy 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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
Ms Te Wera has breached their obligations by permitting her daughter, Tangi to assault another Tenant, namely [Other Tenant] at the premises on or about 15 June 2024. At the hearing, the Landlord submitted a statement from an employee namely, [Employee]. [Employee] also gave evidence at the hearing. He deposed Tangi was visiting the property that day. He was standing approximately 10 metres away from Tangi, when he saw her have a conversation with [Other Tenant] where she behaved in an aggressive and intimidating manner. He also saw Tangi punch her [Partner]. She then walked away then returned and threw a hammer at [Other Tenant] and [Partner]. This hammer hit [Other Tenant]’s property. [Employee] stated there were a lot of other staff members who saw the incident happen.
This matter was adjourned to allow both parties time to file witness statements. Ms Te Wera has failed to file any further evidence.
The breach is not capable of remedy because the assault has happened.
It would be inequitable to refuse to terminate the tenancy because the Tenants that reside at the complex live in fear of Ms Te Wera’s daughters. Evidence was given previously that Ms Te Wera’s other daughter was also aggressive towards the other Tenants or the Landlord’s employees. The other Tenants live in fear of Ms Te Wera’s daughters. Ms Te Wera was given an opportunity previously to ensure there were no further incidents of anti-social behaviour however this has not ceased. The Tenants should not be living in fear of Ms Te Wera’s children.
As [The landlord/s] have wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord. As the Tenant has not been successful, name suppression is declined to the Tenant.

Claims and awards in Tenancy Tribunal application 4843866. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
sed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024 2. The Tenant shall pa	$20.44		sed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024 2. The Tenant shall pa

Claims and awards for application 4843866. Verify on MoJ.

sed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024 2. The Tenant shall pa

Amount: $20.44
Awarded to: Landlord
Reason: sed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024 2. The Tenant shall pa

Order

The tenancy of Lilly Te Wera at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 9.00am on 30 September 2024
The Tenant shall pay the Landlord $20.44 immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for termination of the tenancy 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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
Ms Te Wera has breached their obligations by permitting her daughter, Tangi to assault another Tenant, namely [Other Tenant] at the premises on or about 15 June 2024. At the hearing, the Landlord submitted a statement from an employee namely, [Employee]. [Employee] also gave evidence at the hearing. He deposed Tangi was visiting the property that day. He was standing approximately 10 metres away from Tangi, when he saw her have a conversation with [Other Tenant] where she behaved in an aggressive and intimidating manner. He also saw Tangi punch her [Partner]. She then walked away then returned and threw a hammer at [Other Tenant] and [Partner]. This hammer hit [Other Tenant]’s property. [Employee] stated there were a lot of other staff members who saw the incident happen.
This matter was adjourned to allow both parties time to file witness statements. Ms Te Wera has failed to file any further evidence.
The breach is not capable of remedy because the assault has happened.
It would be inequitable to refuse to terminate the tenancy because the Tenants that reside at the complex live in fear of Ms Te Wera’s daughters. Evidence was given previously that Ms Te Wera’s other daughter was also aggressive towards the other Tenants or the Landlord’s employees. The other Tenants live in fear of Ms Te Wera’s daughters. Ms Te Wera was given an opportunity previously to ensure there were no further incidents of anti-social behaviour however this has not ceased. The Tenants should not be living in fear of Ms Te Wera’s children.
As [The landlord/s] have wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord. As the Tenant has not been successful, name suppression is declined to the Tenant.

Tenancy Tribunal case 4843866 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4843866 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions