How much money was awarded in case 5097328?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5097328?

The dispute type was not classified.

Where can I read the official tribunal order for case 5097328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11429142-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5097328?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5097328?

The dispute type was not classified.

Where can I read the official tribunal order for case 5097328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11429142-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5097328 — Tenancy dispute

Q: What was Tenancy Tribunal case 5097328 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Henry Matetaka at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], by 5.00pm on Friday 21 February 2025.

Reasons

The landlord attended the hearing by teleconference. The tenant was called on 3 numbers provided but the calls were not answered. The absence of a party does not prevent the matter from being heard and determined.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and for anti-social behaviour.

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 using or permitting methamphetamine to be used on the premises. The landlord has provided the results from testing carried out on 15 May 2024 and 1 November 2024 which show increases in the kitchen (7.6ug/100cm from 0.30ug/100cm), and bedroom (1.88ug/100cm from 0.76ug/100cm).

The landlord served a notice on the tenant on 15 November 2024 regarding the unlawful activity.

The breach is not capable of remedy because any use or possession of a Class A drug is unlawful and may be subject to a period of 6 months imprisonment (sections 3A, 7(1)(a) & (2)(a) and Schedule 1 Misuse of Drugs Act 1975).

It would be inequitable to refuse to terminate the tenancy because a tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.

As the tenancy has been terminated on these grounds, it is not necessary to consider the anti-social behaviour.

Because the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Henry Matetaka at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], by 5.00pm on Friday 21 February 2025.

Reasons

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and for anti-social behaviour.

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 notice on the tenant on 15 November 2024 regarding the unlawful activity.

As the tenancy has been terminated on these grounds, it is not necessary to consider the anti-social behaviour.

Because the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5097328 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5097328 — 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