What was the outcome of Tenancy Tribunal case 4933714?

The tribunal order states: The tenancy of Edward Wharakura is terminated at 11.59pm on Friday 6

How much money was awarded in case 4933714?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4933714?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4933714?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10632345-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4933714?

The tribunal order states: The tenancy of Edward Wharakura is terminated at 11.59pm on Friday 6

How much money was awarded in case 4933714?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4933714?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 4933714?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10632345-Tenancy_Tribunal_Order.pdf.

Room C, Unit/Flat Flat 4, 11 Ingram Street, Papakura, Tenancy Tribunal Case 4933714 — Smoke alarms

Order

The tenancy of Edward Wharakura is terminated at 11.59pm on Friday 6 th September 2024 and possession is granted to Lodge City Rental Limited as agent for Bentley Studios Ltd after 11.59pm on 6 th September 2024.

Reasons

Both parties attended the hearing.
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 keeping a dog at the premises, smoked in his bedroom and removed the smoke alarm.
The breach is not capable of remedy because the landlord provided information to the Tribunal about the efforts they have taken to remedy the breaches with the tenant, as such: -A dog was first noticed on 6 July 2022 and a note was left by the landlord to the tenant. On 14 July 2022, the landlord contacted the tenant about the dog living at the property and 14-day notice was issued on 18 August 2022. The tenant replied that the dog had been removed on 18 August 2022. -During a routine inspection, a dog lead was found in the bedroom and a dog was heard barking on 8 December 2022. Discussions were had to remove the dog. -On 1 May 2023, the tenant was served with a 14-day notice for smoking in his bedroom. The tenant replied that he was sorry for smoking in the room and that he will smoke outside from here on in. - Routine inspection reports dated 20 October 2022 referred to smell of smoke in room and smoke alarm being removed, 27 July 2023 evidence that smoke alarm had been removed and strong smell of smoke and a used ashtray was found in the bathroom. -8 November 2023 the smoke alarm was removed and there was a strong smell of smoke in the unit. -14 February 2024 evidence of the smoke alarm being removed and a strong smell of smoke. 6 July 2024 strong smell of smoke in the bedroom and smoke alarm removed. -The landlord provided the Tribunal with the following 14-day notices have been issued to the tenant: -20 October 2022 for keeping a dog at the unit. -On 28 April 2023 for smoking inside the unit. -8 June 2023 for removing the smoke alarm in the bedroom. -14 March 2024 for exceeding the number of people permitted to reside at the property. -14 March 2024 for having a dog at the unit. -23 April 2024 for having puppies at the unit. -The landlord provided photos of the dog/puppies and dog leads at the unit dated,6 July 2022, 8 December 2022, 18 January 2024,15 February 2024, 8 March 2024, 4 July 2024.
It is clear that there has been extensive communication, in additional to the 14 – day notices, with the tenant to remedy the breaches of his tenancy agreement.
I find that the tenant has repeatedly breached his tenancy agreement.
It would be inequitable to refuse to terminate the tenancy, given the extensive history of these breaches and previous efforts to resolve the problems with the tenant.
The tenant advised that he has had the dog since it was a puppy, and it is like family to him. He says the dog has been rehomed with family members and that he will only smoke outside.
The landlord stated that they have no confidence that Mr Wharakura would abide by his tenancy agreement despite claims to the contrary by the tenant.
The landlord said that they did not take the step to come to the Tribunal lightly and that the tenant is in all other ways a good tenant as his rent was always paid on time and the property is kept in a good and tidy condition. It is with regret that they could not remedy the breach without recourse to the Tribunal.
The tenancy of Edward Wharakura is terminated at 11.59pm on 6 th September 2024 and possession is granted immediately after that time to Lodge City Rentals Limited as agent for Bentley Studios Ltd.

Order

The tenancy of Edward Wharakura is terminated at 11.59pm on Friday 6 th September 2024 and possession is granted to Lodge City Rental Limited as agent for Bentley Studios Ltd after 11.59pm on 6 th September 2024.

Reasons

Both parties attended the hearing.
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 keeping a dog at the premises, smoked in his bedroom and removed the smoke alarm.
The breach is not capable of remedy because the landlord provided information to the Tribunal about the efforts they have taken to remedy the breaches with the tenant, as such: -A dog was first noticed on 6 July 2022 and a note was left by the landlord to the tenant. On 14 July 2022, the landlord contacted the tenant about the dog living at the property and 14-day notice was issued on 18 August 2022. The tenant replied that the dog had been removed on 18 August 2022. -During a routine inspection, a dog lead was found in the bedroom and a dog was heard barking on 8 December 2022. Discussions were had to remove the dog. -On 1 May 2023, the tenant was served with a 14-day notice for smoking in his bedroom. The tenant replied that he was sorry for smoking in the room and that he will smoke outside from here on in. - Routine inspection reports dated 20 October 2022 referred to smell of smoke in room and smoke alarm being removed, 27 July 2023 evidence that smoke alarm had been removed and strong smell of smoke and a used ashtray was found in the bathroom. -8 November 2023 the smoke alarm was removed and there was a strong smell of smoke in the unit. -14 February 2024 evidence of the smoke alarm being removed and a strong smell of smoke. 6 July 2024 strong smell of smoke in the bedroom and smoke alarm removed. -The landlord provided the Tribunal with the following 14-day notices have been issued to the tenant: -20 October 2022 for keeping a dog at the unit. -On 28 April 2023 for smoking inside the unit. -8 June 2023 for removing the smoke alarm in the bedroom. -14 March 2024 for exceeding the number of people permitted to reside at the property. -14 March 2024 for having a dog at the unit. -23 April 2024 for having puppies at the unit. -The landlord provided photos of the dog/puppies and dog leads at the unit dated,6 July 2022, 8 December 2022, 18 January 2024,15 February 2024, 8 March 2024, 4 July 2024.
It is clear that there has been extensive communication, in additional to the 14 – day notices, with the tenant to remedy the breaches of his tenancy agreement.
I find that the tenant has repeatedly breached his tenancy agreement.
It would be inequitable to refuse to terminate the tenancy, given the extensive history of these breaches and previous efforts to resolve the problems with the tenant.
The tenant advised that he has had the dog since it was a puppy, and it is like family to him. He says the dog has been rehomed with family members and that he will only smoke outside.
The landlord stated that they have no confidence that Mr Wharakura would abide by his tenancy agreement despite claims to the contrary by the tenant.
The landlord said that they did not take the step to come to the Tribunal lightly and that the tenant is in all other ways a good tenant as his rent was always paid on time and the property is kept in a good and tidy condition. It is with regret that they could not remedy the breach without recourse to the Tribunal.
The tenancy of Edward Wharakura is terminated at 11.59pm on 6 th September 2024 and possession is granted immediately after that time to Lodge City Rentals Limited as agent for Bentley Studios Ltd.

Tenancy Tribunal case 4933714 — Smoke alarms at Room C, Unit/Flat Flat 4, 11 Ingram Street, Papakura,

At a glance

Tenancy Tribunal case 4933714 — Smoke alarms at Room C, Unit/Flat Flat 4, 11 Ingram Street, Papakura,

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions