How much money was awarded in case 5011756?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5011756?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5011756?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11016626-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5011756?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5011756?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5011756?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11016626-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5011756 — 14-day notice

Q: What was Tenancy Tribunal case 5011756 about?

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

Order

The tenancy of Puawai Taitoko at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 8pm Sunday 1 December 2024.

By agreement of the landlord, the tenant may end the tenancy before that date by providing the landlord with no less than two working days’ notice to terminate.

The landlord is granted leave to request this matter be urgently brought back to my attention if there is evidence of any significant damage to the premises before the tenancy ends.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

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 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.

The tenant has breached their obligations by exceeding the maximum occupancy permitted in the tenancy agreement and failing to pay rent as due.

The landlord has served multiple 14-day notices on the tenant on 24 June 2024, 8 July 2024, 22 Jully 2024, 11 August 2024 and 22 September 2024. The rent breaches have since been paid (albeit after the notice period) but the continued exceeding of the maximum occupancy has not been remedied and this was the main grounds for termination. This occupancy was confirmed by the landlord as recent as several days again.

It would be inequitable to refuse to terminate the tenancy. The premises is small and the landlord set the maximum occupancy accordingly. The landlord provided CCTV evidence that is persuasive that it is more likely than not that there is an extra adult residing at the premises.

The landlord has concerns regarding the extra adult residing there.

Apart from the issues that have led to this order, the relationship between the landlord and tenant appears amicable and this continuing to the end of the tenancy is in the interest of all. I have provided for the matter to return if evidenced concerns regarding significant damage to the property by the tenant, or others, is submitted. This is not expected to be required.

The landlord declined any order for compensation for the cost of filing.

The landlord provided an early exit provision for the tenant’s benefit. It is hoped that provision enables the tenant to find a more suitable home for her current arrangements, without the challenge of managing the 28-day notice period as required by the Act. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Order

The tenancy of Puawai Taitoko at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 8pm Sunday 1 December 2024.
By agreement of the landlord, the tenant may end the tenancy before that date by providing the landlord with no less than two working days’ notice to terminate.
The landlord is granted leave to request this matter be urgently brought back to my attention if there is evidence of any significant damage to the premises before the tenancy ends.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
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 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.
The tenant has breached their obligations by exceeding the maximum occupancy permitted in the tenancy agreement and failing to pay rent as due.
The landlord has served multiple 14-day notices on the tenant on 24 June 2024, 8 July 2024, 22 Jully 2024, 11 August 2024 and 22 September 2024. The rent breaches have since been paid (albeit after the notice period) but the continued exceeding of the maximum occupancy has not been remedied and this was the main grounds for termination. This occupancy was confirmed by the landlord as recent as several days again.
It would be inequitable to refuse to terminate the tenancy. The premises is small and the landlord set the maximum occupancy accordingly. The landlord provided CCTV evidence that is persuasive that it is more likely than not that there is an extra adult residing at the premises.
The landlord has concerns regarding the extra adult residing there.
Apart from the issues that have led to this order, the relationship between the landlord and tenant appears amicable and this continuing to the end of the tenancy is in the interest of all. I have provided for the matter to return if evidenced concerns regarding significant damage to the property by the tenant, or others, is submitted. This is not expected to be required.
The landlord declined any order for compensation for the cost of filing.
The landlord provided an early exit provision for the tenant’s benefit. It is hoped that provision enables the tenant to find a more suitable home for her current arrangements, without the challenge of managing the 28-day notice period as required by the Act. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 5011756 — 14-day notice

At a glance

Tenancy Tribunal case 5011756 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions