What was the outcome of Tenancy Tribunal case 4851983?

The tribunal order states: The tenancy of Daz Fabian Pareiti Graham-Ngametua at Unit/Flat 5, 261 Great

How much money was awarded in case 4851983?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4851983?

The dispute type was not classified.

Where can I read the official tribunal order for case 4851983?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10327077-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4851983?

The tribunal order states: The tenancy of Daz Fabian Pareiti Graham-Ngametua at Unit/Flat 5, 261 Great

How much money was awarded in case 4851983?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4851983?

The dispute type was not classified.

Where can I read the official tribunal order for case 4851983?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10327077-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 261 Great South Road, Manurewa, Auckland Tenancy Tribunal Case 4851983 — Tenancy dispute

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Reasons

Ms Naicker for the landlord attended the hearing. The tenant did not attend.

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.

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.

The tenant has breached his obligations by stealing a neighbouring tenant’s fridge and bringing stolen property onto the property. The landlord has provided me with CCTV footage showing the stolen vehicle being driven by the tenant into the premises. The CCTV footage also shows that tenant removing a fridge from the premises which was the same day it was reported stolen by a neighbouring tenant who alleges that the tenant broke into his home and took his fridge without his permission.

The breaches are not capable of remedy.

The tenant is also in breach of his obligations by having exceeded more than the amount of people allowed in his tenancy agreement and by having two dogs at the property.

The tenant was given breach notices for these breaches but has failed to remedy the breaches.

It would be inequitable to refuse to terminate the tenancy given the nature and extent of the breaches. The breaches are serious, the tenant has stolen from his neighbours who are also tenants of the landlord. The tenant is refusing to engage with the landlord, and given the number of breaches in this short space of time appears to have little regard for performing his obligations in the tenancy agreement .

Reasons

Ms Naicker for the landlord attended the hearing. The tenant did not attend.

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.

The breaches are not capable of remedy.

The tenant is also in breach of his obligations by having exceeded more than the amount of people allowed in his tenancy agreement and by having two dogs at the property.

The tenant was given breach notices for these breaches but has failed to remedy the breaches.

Tenancy Tribunal case 4851983 — Tenancy dispute at Unit/Flat 5, 261 Great South Road, Manurewa, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 4851983 — Tenancy dispute at Unit/Flat 5, 261 Great South Road, Manurewa, Auckland

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions