What was Tenancy Tribunal case 4959073 about?

The tribunal order states: The tenancy of Pera Roberts at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4959073?

Filing Fee: $27.00 awarded to landlord; Rent: $388.28 awarded to landlord

What type of tenancy dispute was case 4959073?

The dispute type was not classified.

Where can I read the official tribunal order for case 4959073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10868483-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4959073 about?

The tribunal order states: The tenancy of Pera Roberts at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4959073?

Filing Fee: $27.00 awarded to landlord; Rent: $388.28 awarded to landlord

What type of tenancy dispute was case 4959073?

The dispute type was not classified.

Where can I read the official tribunal order for case 4959073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10868483-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4959073 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4959073 — net $167.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 24 September 2024	$388.28	Rent to 24 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$167.28
Total payable by Tenant to Landlord	$167.28

The tenancy of Pera Roberts at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately. I grant leave for this order to be enforced immediately and the 48-hour period in section 138(1)(a) of the District Court Act 2016 does not apply.

Pera Roberts must pay [The landlord/s] $167.28 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $248.00 ([Bond number suppressed]) to [The landlord/s] immediately.

[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

From 8am on Wednesday 2 October 2024 the landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit, if the tenant does not collect them.

Reasons

The landlord attended the hearing today.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Termination for rent arrears

Rent is at least 21 days in arrears as at the date of the hearing. The weekly rent is $84.00. The rent is nearly 5 weeks in arrears. It is appropriate to terminate the tenancy pursuant to section 56(2) and section 55 of the Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent summary calculated the rent arrears to 28 September 2024. I have adjusted the rent arrears to today.

Due to the landlord’s concerns about the tenant’s behaviour and the possibility he may return to the premises (he is currently wanted by Police) I have directed that this order may be enforced immediately. The usual 48-hour stand-down period does not apply. (See section 138(1)(b) of the District Court Act 2016 and section 106(2) of the Residential Tenancies Act 1986 for the Tribunal’s authority to grant leave to enforce immediately). Termination for breach and substantial damage

The landlord has also applied for termination of the tenancy for breach of the tenant’s obligations.

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 not capable of remedy, the landlord is not 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.

The tenant has breached his obligations by a series of anti-social actions at the premises over the last few months, including verbally abusing a neighbour several times in May and July 2024 and trying to gain entry to the neighbour’s unit, attacking his partner who was living with him, assaulting a neighbour who tried to intervene, and damaging his own unit on 16 September 2024. These are breaches of section 55(1)(c) and 40(2)(c) of the Residential Tenancies Act 1986. The damage to the unit may be a breach of section 55(1)(b) although a quote has not yet been obtained (the tenant smashed the glass of the entrance door to his apartment).

The detrimental effect of the anti-social behaviour, threats of violence, and assault, cannot be remedied.

It would be inequitable to refuse to terminate the tenancy given the seriousness of the breaches, the threat of recurrence, and the consternation they have caused other residents. Disposal of goods

At the hearing, the landlord applied for the disposal of goods the tenant left at the premises at the end of the tenancy. There is significant clutter in the premises, particularly clothing, which the landlord is concerned presents a fire- risk in a building with multiple occupancy.

The landlord is unable to contact the tenant and has been trying to reach him by phone and email.

It is not practicable for the landlord to return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. The landlord may dispose of the goods after providing the tenant with an opportunity to collect his belongings within the period specified above. Filing fee and suppression

The landlord’s application has been successful. I award the filing fee.

I grant the landlord name suppression as requested.

Claims and awards in Tenancy Tribunal application 4959073 — net $167.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 24 September 2024	$388.28	Rent to 24 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$167.28
Total payable by Tenant to Landlord	$167.28

Order

The tenancy of Pera Roberts at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s] immediately. I grant leave for this order to be enforced immediately and the 48-hour period in section 138(1)(a) of the District Court Act 2016 does not apply.
Pera Roberts must pay [The landlord/s] $167.28 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $248.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
From 8am on Wednesday 2 October 2024 the landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit, if the tenant does not collect them.

Reasons

The landlord attended the hearing today.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Termination for rent arrears
Rent is at least 21 days in arrears as at the date of the hearing. The weekly rent is $84.00. The rent is nearly 5 weeks in arrears. It is appropriate to terminate the tenancy pursuant to section 56(2) and section 55 of the Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent summary calculated the rent arrears to 28 September 2024. I have adjusted the rent arrears to today.
Due to the landlord’s concerns about the tenant’s behaviour and the possibility he may return to the premises (he is currently wanted by Police) I have directed that this order may be enforced immediately. The usual 48-hour stand-down period does not apply. (See section 138(1)(b) of the District Court Act 2016 and section 106(2) of the Residential Tenancies Act 1986 for the Tribunal’s authority to grant leave to enforce immediately). Termination for breach and substantial damage
The landlord has also applied for termination of the tenancy for breach of the tenant’s obligations.
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 not capable of remedy, the landlord is not 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.
The tenant has breached his obligations by a series of anti-social actions at the premises over the last few months, including verbally abusing a neighbour several times in May and July 2024 and trying to gain entry to the neighbour’s unit, attacking his partner who was living with him, assaulting a neighbour who tried to intervene, and damaging his own unit on 16 September 2024. These are breaches of section 55(1)(c) and 40(2)(c) of the Residential Tenancies Act 1986. The damage to the unit may be a breach of section 55(1)(b) although a quote has not yet been obtained (the tenant smashed the glass of the entrance door to his apartment).
The detrimental effect of the anti-social behaviour, threats of violence, and assault, cannot be remedied.
It would be inequitable to refuse to terminate the tenancy given the seriousness of the breaches, the threat of recurrence, and the consternation they have caused other residents. Disposal of goods
At the hearing, the landlord applied for the disposal of goods the tenant left at the premises at the end of the tenancy. There is significant clutter in the premises, particularly clothing, which the landlord is concerned presents a fire- risk in a building with multiple occupancy.
The landlord is unable to contact the tenant and has been trying to reach him by phone and email.
It is not practicable for the landlord to return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. The landlord may dispose of the goods after providing the tenant with an opportunity to collect his belongings within the period specified above. Filing fee and suppression
The landlord’s application has been successful. I award the filing fee.
I grant the landlord name suppression as requested.

Tenancy Tribunal case 4959073 — Tenancy dispute

At a glance

Tenancy Tribunal case 4959073 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions