Published tribunal order
Tenancy Tribunal case 4925794 — 14-day notice
Decided 24 Oct 2024 · Published 24 Oct 2024 · Application 4925794
- 14-day notice
- Harassment
Party names are redacted in the official published order.
Order
- Siitia Falesefulu is required to do the following work on or before Thursday 22 August 2024: a. Clean the premises to a reasonably clean and tidy standard and remove all rubbish from the premises; b. Remove any/all alterations to the sliding door, in particular the wiring around door lock/handle to allow entry; c. Repair any damage to the premises to a professional standard.
- Siitia Falesefulu must refrain from any intimidating or threatening behaviour towards the landlord and its agents.
- Siitia Falesefulu must permit [The applicant/s] entry to the premises for the purpose of inspecting the premises between 10am and 4pm on Friday 23 August 2024.
- If Siitia Falesefulu fails to comply with any of the above orders: a. The tenancy of Siitia Falesefulu at [Tenancy address suppressed] will terminate at midnight on Monday 26 August 2024, and [The applicant/s] will have immediate possession of the property.
- The conditional termination order shall lapse if the agreement is fully complied with. If the tenant breaches the order, section 64(4)(b) of the Residential Tenancies Act 1986 applies and the possession order may be enforced for 90 days from the first breach.
- Siitia Falesefulu must pay [The applicant/s], the sum of $20.44 immediately.
Reasons
- A hearing was held on 8 August 2024. The agents for the landlord attended the hearing. Mr Falesefulu, the tenant, did not attend.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should a conditional termination order be made?
- 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. 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. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to keep the premises reasonable clean and tidy (section 40(1)(c)), altering the door without the landlord’s consent (section 42(1)), behaving in an intimidating manner (section 40(2)(c)) and intentionally and carelessly causing damage to the premises (section 40(2)(a)).
- The landlord says that despite routine inspection letters sent to the tenant, it had been unable to conduct an inspection since 14 December 2023 due to the tenant’s lack of engagement and alterations to the door, which prevent entry.
- An inspection was eventually conducted, revealing numerous issues with the premises and significant concerns for the tenant’s health and safety. Additionally, there were serious concerns regarding the tenant’s intimidation of the landlord and agents.
- An inspection report and photographs were provided by the landlord that satisfy me that the premises was in a poor condition. The lounge floor was cluttered with debris, clothes and rubbish, there was damage on the walls in bedroom 1, the kitchen was untidy with dirty water in the sink, dirty pots, old food and items were scattered on the bench. The bathroom and toilet were also untidy, and the comments in the report note there was a foul smell throughout the property. Additionally, a cord was tied around the door handle/lock to prevent entry.
- On 12 June 2024 the landlord served a various 14-day notices on the tenant, but the breaches were not remedied within the required period.
- In the circumstances, I consider it would be inequitable to refuse to terminate the tenancy. However, I believe it is reasonable – albeit narrowly – to give the tenant a final chance to resolve the issues or cooperate with the landlord to do so. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- As [The applicant/s] has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name.