What was Tenancy Tribunal case 5163739 about?

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

How much money was awarded in case 5163739?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5163739?

The primary dispute was 14-day notice. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5163739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11644921-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5163739 about?

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

How much money was awarded in case 5163739?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5163739?

The primary dispute was 14-day notice. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5163739?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11644921-Tribunal_Order_Redacted.pdf.

66B Rhona Street, Linwood, Christchurch 8062 Tenancy Tribunal Case 5163739 — 14-day notice

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Kerrianne Gambitsis at 66B Rhona Street, Linwood, Christchurch 8062 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Sunday 13 April 2025.

Reasons

Both parties attended the hearing on 27 March 2025. The tenant had support persons attend with her.
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 (RTA).
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 her obligations by failing to keep the premises reasonably clean and tidy and by causing substantial damage to the premises including multiple holes in walls and a broken window by a door that is boarded over.
The landlord has served several 14-day notices on the tenant, including on 25 November 2024, 30 December 2024, and 13 January 2025.
The breach notices mostly relate to the premises being in a very unclean state, and the grounds being unkempt with rubbish accumulated. The tenant has damaged the premises by continuing to smoke inside which is not allowed in the tenancy agreement.
The premises were newly decorated at the start of the tenancy in October 2018. They now require considerable cleaning as shown in the photos produced by the landlord in evidence.
As well as establishing grounds for termination based on the tenant’s failure to comply with the 14-day breach notices, the landlord has also established that the tenant has caused substantial damage to the premises, not just because of smoking but due to damage to walls. The walls appear to have been punched resulting in large holes.
The tenant’s support person said he had repaired that damage and it just needed to be painted. However, the photos produced in evidence for the tenant show badly patched wall repairs that will require professional repairs to be carried out.
The landlord’s representative gave evidence about the efforts the landlord had made to assist the tenant to clean the premises and repair the damage, including a referral to ‘sustaining tenancies’.
It was apparent to the Tribunal that the tenant has health challenges. But the Tribunal must also consider the interests of the landlord, and the tenant’s statutory responsibilities.
It would be inequitable to refuse to terminate the tenancy because the state of the premises, both due to the lack of cleaning, continued smoke damage, and the damage to the walls, together amount to substantial damage to the premises.
Given the amount of time since the breach notices were issued, and the tenant’s failure to comply, the Tribunal cannot be satisfied that the tenant will now remedy the breaches. Although her support person has done some work, it is inadequate to repair the damage.
The landlord has established on the balance of probabilities that the tenancy must be terminated. It will now be faced with significant repair costs.
Termination and possession orders are the only orders sought now.
If the landlord makes a later application, it can claim the filing fee on this application then. There is little point in making a money order for the filing fee now.
I have delayed the possession order until 13 April 2025 to allow the tenant time to make other living arrangements, hopefully assisted by social agencies. Name suppression
The landlord sought, and is entitled to, a name suppression order as the application is successful.
The tenant sought, but is not entitled to, name suppression as her defence to the application is unsuccessful – see section 95A RTA.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Kerrianne Gambitsis at 66B Rhona Street, Linwood, Christchurch 8062 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Sunday 13 April 2025.

Reasons

Both parties attended the hearing on 27 March 2025. The tenant had support persons attend with her.
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 (RTA).
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 her obligations by failing to keep the premises reasonably clean and tidy and by causing substantial damage to the premises including multiple holes in walls and a broken window by a door that is boarded over.
The landlord has served several 14-day notices on the tenant, including on 25 November 2024, 30 December 2024, and 13 January 2025.
The breach notices mostly relate to the premises being in a very unclean state, and the grounds being unkempt with rubbish accumulated. The tenant has damaged the premises by continuing to smoke inside which is not allowed in the tenancy agreement.
The premises were newly decorated at the start of the tenancy in October 2018. They now require considerable cleaning as shown in the photos produced by the landlord in evidence.
As well as establishing grounds for termination based on the tenant’s failure to comply with the 14-day breach notices, the landlord has also established that the tenant has caused substantial damage to the premises, not just because of smoking but due to damage to walls. The walls appear to have been punched resulting in large holes.
The tenant’s support person said he had repaired that damage and it just needed to be painted. However, the photos produced in evidence for the tenant show badly patched wall repairs that will require professional repairs to be carried out.
The landlord’s representative gave evidence about the efforts the landlord had made to assist the tenant to clean the premises and repair the damage, including a referral to ‘sustaining tenancies’.
It was apparent to the Tribunal that the tenant has health challenges. But the Tribunal must also consider the interests of the landlord, and the tenant’s statutory responsibilities.
It would be inequitable to refuse to terminate the tenancy because the state of the premises, both due to the lack of cleaning, continued smoke damage, and the damage to the walls, together amount to substantial damage to the premises.
Given the amount of time since the breach notices were issued, and the tenant’s failure to comply, the Tribunal cannot be satisfied that the tenant will now remedy the breaches. Although her support person has done some work, it is inadequate to repair the damage.
The landlord has established on the balance of probabilities that the tenancy must be terminated. It will now be faced with significant repair costs.
Termination and possession orders are the only orders sought now.
If the landlord makes a later application, it can claim the filing fee on this application then. There is little point in making a money order for the filing fee now.
I have delayed the possession order until 13 April 2025 to allow the tenant time to make other living arrangements, hopefully assisted by social agencies. Name suppression
The landlord sought, and is entitled to, a name suppression order as the application is successful.
The tenant sought, but is not entitled to, name suppression as her defence to the application is unsuccessful – see section 95A RTA.

Tenancy Tribunal case 5163739 — 14-day notice at 66B Rhona Street, Linwood, Christchurch 8062

At a glance

Tenancy Tribunal case 5163739 — 14-day notice at 66B Rhona Street, Linwood, Christchurch 8062

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