What was Tenancy Tribunal case 5046654 about?

The tribunal order states: The tenancy of [The tenant/s] at 33D O'Connor Street, Otara, Manukau,

How much money was awarded in case 5046654?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5046654?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5046654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11393235-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5046654 about?

The tribunal order states: The tenancy of [The tenant/s] at 33D O'Connor Street, Otara, Manukau,

How much money was awarded in case 5046654?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5046654?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5046654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11393235-Tribunal_Order.pdf.

33D O'Connor Street, Otara, Manukau, Auckland 2023 Tenancy Tribunal Case 5046654 — 14-day notice

Tenantcheck Insights

Reasons

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

The original application filed on 22 October 2024 sought work orders. The application was amended by the Tribunal’s order dated 7 January 2025 to include 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 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 breached their obligations by not keeping the premises reasonably tidy and constructing illegal structures without the landlord’s permission.

The landlord’s photographs show rubbish outside the premises, including matting, furniture, and a cat-carry. They also show a cabin blocking the driveway and a wooden structure attached to the front of the house, that has been covered in tarpaulin to create makeshift additional living space. Power cables can be seen running through the wooden framing. The landlord said the power cables ran from the neighbour’s house to the premises and the cabin.

The landlord served a 14-day notice on the tenant on 26 September 2024 and the tenant did not remedy the breach within the required period.

The landlord has made repeated and weekly efforts to speak to the tenant, both prior to and after the Tribunal application was filed on 22 October 2024. The tenant has therefore had several months when she should have known that the landlord considered her to be in breach of the tenancy agreement and required the breach to be remedied.

The length of time the tenant has already had to remedy, and the lack of engagement, are factors which I consider strengthen the case for terminating the tenancy rather than making a conditional order. I am also concerned about the potential risk to health and safety posed by the unconsented wooden structure and the power cables.

I find that it would be inequitable to refuse to terminate the tenancy. As discussed at the hearing, the tenancy will end in 4 weeks.

Reasons

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

The tenant breached their obligations by not keeping the premises reasonably tidy and constructing illegal structures without the landlord’s permission.

The landlord served a 14-day notice on the tenant on 26 September 2024 and the tenant did not remedy the breach within the required period.

I find that it would be inequitable to refuse to terminate the tenancy. As discussed at the hearing, the tenancy will end in 4 weeks.

Tenancy Tribunal case 5046654 — 14-day notice at 33D O'Connor Street, Otara, Manukau, Auckland 2023

At a glance

Claims & awards

Tenancy Tribunal case 5046654 — 14-day notice at 33D O'Connor Street, Otara, Manukau, Auckland 2023

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions