How much money was awarded in case 4937353?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4937353?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4937353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11030532-Tribunal_Order.pdf.

How much money was awarded in case 4937353?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4937353?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4937353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11030532-Tribunal_Order.pdf.

17 Wenlock Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4937353 — 14-day notice

Q: What was Tenancy Tribunal case 4937353 about?

The tribunal order states: The tenant must comply with section 40(1)(c) of the Residential Tenancies Act

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Order

The tenant must comply with section 40(1)(c) of the Residential Tenancies Act 1986 and section 14 of the Tenancy Agreement by 2 December 2024 by doing the following: a. Removing the excessive organic and inorganic material that is cluttering the exterior of the property and tidying any remaining essential items; b. Removing the blue car wreck currently located on the back lawn.

Reasons

This is a long term tenancy that began on 28 June 2012.

Only the landlord attended the hearing, represented by Ms Perese.

There was no attendance by the tenant. The Tribunal delayed the start of the hearing by over 10 minutes in case the tenant had been delayed but the tenant did not appear. I am satisfied that the tenant has been served with this application under the relevant provisions of the Residential Tenancies Act 1986 (“RTA”) and so the hearing proceeded in the tenant’s absence.

The landlord has applied for orders requiring the tenant to comply with section 40(1)(c) of the RTA and the provisions of the Tenancy Agreement dated 28 June 2012.

Section 40(1)(c) provides that the tenant shall keep the premises reasonably clean and reasonably tidy. Clause 14 of the Tenancy Agreement provides that the tenant will “keep your home and grounds tidy”.

For the purposes of this application the landlord explained that they only seek orders in respect of the exterior of the property.

The landlord issued a 14 day notice on 15 April raising concerns about the condition of the property. With regard to the exterior of the property the landlord asked the tenant to: (a) Remove all inorganic/organic material from the property; and (b) Remove the car wreck from the property.

The tenant did not comply with the 14 day notice.

The landlord provided a copy of an inspection report dated 19 June 2024 which shows that the exterior of the property is very cluttered with various items including a shopping trolley, tyres, rubbish, old furniture, household items and a car wreck.

At the hearing today Ms Perese advised that an inspection took place on 24 October 2024 and the tenant has still not complied with the notice.

The landlord had hoped that Mr Martin would be present at the hearing today so that they would have an opportunity to discuss their concerns with him and reach agreement as to how the landlord’s concerns would be dealt with.

As Mr Martin is in breach of his obligations but was not present today to discuss how the breach is to be remedied I have made an order that he remedy the breach within a reasonable time period, which (after discussion with the landlord) I consider to be 2 December 2024.

Mr Martin should be aware that if he does not remedy the breach as ordered by 2 December 2024 the landlord may apply to the Tribunal for a conditional termination order.

Order

Reasons

This is a long term tenancy that began on 28 June 2012.

Only the landlord attended the hearing, represented by Ms Perese.

The landlord has applied for orders requiring the tenant to comply with section 40(1)(c) of the RTA and the provisions of the Tenancy Agreement dated 28 June 2012.

For the purposes of this application the landlord explained that they only seek orders in respect of the exterior of the property.

The tenant did not comply with the 14 day notice.

At the hearing today Ms Perese advised that an inspection took place on 24 October 2024 and the tenant has still not complied with the notice.

Mr Martin should be aware that if he does not remedy the breach as ordered by 2 December 2024 the landlord may apply to the Tribunal for a conditional termination order.

Tenancy Tribunal case 4937353 — 14-day notice at 17 Wenlock Place, Manurewa, Auckland 2102

At a glance

Claims & awards

Tenancy Tribunal case 4937353 — 14-day notice at 17 Wenlock Place, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions