What was Tenancy Tribunal case 5033348 about?

The tribunal order states: The tenancy of Phillip Awa-Tea Tapa at Unit/Flat 3, 309 Willowpark Road

How much money was awarded in case 5033348?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5033348?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5033348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11017626-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5033348 about?

The tribunal order states: The tenancy of Phillip Awa-Tea Tapa at Unit/Flat 3, 309 Willowpark Road

How much money was awarded in case 5033348?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5033348?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5033348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11017626-Tribunal_Order_Redacted.pdf.

Unit/Flat 3, 309 Willowpark Road South, Hastings, Hastings Tenancy Tribunal Case 5033348 — 14-day notice

Tenantcheck Insights

Reasons

Only the applicant landlord 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 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 having a dog at the property. The dog is a large Pitbull dog and the property a small upstairs flat, there is no outside area for the dog to exercise or toilet. The landlord is concerned about the urine small inside the property and that the interior is being damaged. When the landlord has attended for inspections the dog barks aggressively and the landlord is concerned for the safety of the occupiers of the other units in the complex and the wider community.

The landlord served a 14-day notice on the tenant on 9 August 2024 and the tenant did not remedy the breach within the required period. The dog remains at the property.

It would be inequitable to refuse to terminate the tenancy for the reasons outlined. While the Tribunal will not rubber stamp applications to terminate tenancies because of pets, in some cases, such as this, it is simply not appropriate or safe to have them. The tenancy agreement specifically precludes pets and the fact the unit is upstairs and does not have a fenced area means that exclusion is reasonable. The fact that the dog is of a breed that is potentially dangerous simply means termination must be ordered.

The landlord said that if the tenant removes the dog within the next two weeks and provides confirmation that this has occurred, the termination may not be enforced. That is an option that is at the complete discretion of the landlord.

The landlord also undertook to personally deliver this order to the tenant.

Reasons

Only the applicant landlord 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.

The landlord served a 14-day notice on the tenant on 9 August 2024 and the tenant did not remedy the breach within the required period. The dog remains at the property.

The landlord also undertook to personally deliver this order to the tenant.

Tenancy Tribunal case 5033348 — 14-day notice at Unit/Flat 3, 309 Willowpark Road South, Hastings, Hastings

At a glance

Tenancy Tribunal case 5033348 — 14-day notice at Unit/Flat 3, 309 Willowpark Road South, Hastings, Hastings

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