What was Tenancy Tribunal case 4962453 about?

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

How much money was awarded in case 4962453?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4962453?

The dispute type was not classified.

Where can I read the official tribunal order for case 4962453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10808975-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4962453 about?

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

How much money was awarded in case 4962453?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4962453?

The dispute type was not classified.

Where can I read the official tribunal order for case 4962453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10808975-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4962453 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing. The Landlord attended by video. The Tenant attend by video however their camera was not working.

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 their obligations by having possession of marijuana plants at their property. This is a serious and unlawful breach.

The Landlord attended the property on 3 August 2024 for an inspection and saw a grow tent in the lounge. There was also an industrial heater in the lounge which was set at 55 degrees Celsius.

The Tenant claimed at that time that she was growing vegetables in the tent however the Landlord detected an unusual smell and noticed there was no vegetables in the tent. The Landlord then reported to the Police that he suspected the Tenant was growing cannabis.

The Tenant subsequently confirmed there were cannabis plants in the grow tent and they belonged to her brother’s friend. She lived with her brother and he was looking after the plants for the weekend. She had no knowledge of when the brother brought the plants into the house because she was overseas at the time and she never went into the lounge. The Landlord however submitted that he could smell the marijuana when he visited the property on 17 August 2024 from the front door. On that occasion, the Landlord decided to open the tent and he saw three square ports holding 4-5 marijuana plants. The Tenant agreed to remove the cannabis on 18 August 2024. The Tenant was sincerely apologetic for this and wanted to continue the tenancy.

The breach is not capable of remedy because the cannabis plants were at the property.

It would be inequitable to refuse to terminate the tenancy because it is an offence to have possession of cannabis. The Landlord was concerned that the Tenant had lied and could no longer trust that this would not happen again.

For these reasons, the tenancy is terminated and name suppression is granted to the landlord.

The Tenant has not been successful in their defence so will not be granted name suppression.

Reasons

Both parties attended the hearing. The Landlord attended by video. The Tenant attend by video however their camera was not working.

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 tenant has breached their obligations by having possession of marijuana plants at their property. This is a serious and unlawful breach.

The Landlord attended the property on 3 August 2024 for an inspection and saw a grow tent in the lounge. There was also an industrial heater in the lounge which was set at 55 degrees Celsius.

The breach is not capable of remedy because the cannabis plants were at the property.

For these reasons, the tenancy is terminated and name suppression is granted to the landlord.

The Tenant has not been successful in their defence so will not be granted name suppression.

Tenancy Tribunal case 4962453 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4962453 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions