What was the outcome of Tenancy Tribunal case 5164012?

The tribunal order states: The tenancy of Gareth Morgan at Unit/Flat 1, 447 Cashel Street, Linwood,

How much money was awarded in case 5164012?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5164012?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5164012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11503850-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5164012?

The tribunal order states: The tenancy of Gareth Morgan at Unit/Flat 1, 447 Cashel Street, Linwood,

How much money was awarded in case 5164012?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5164012?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5164012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11503850-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 447 Cashel Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 5164012 — 14-day notice

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Reasons

Both parties attended the hearing. The tenant was represented by Mr Speirs. I was advised that the tenant did not wish to take part and he confirmed that with Mr Speirs an hour before the hearing. Mr Speirs also confirmed that the tenant was aware of the possible outcome of today’s hearing.

The landlord has sought termination given the failure to comply with 14 day notices for breaches that include a significant number of breaches.

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 continuing to smoke excessively in the home, significant damages continuing to occur between inspections.,. the damages include holes in the walls and broken window, a dog at the property and another person living there.

It is an unfortunate situation given that the tenant suffers from mental health and is case managed and this may very well attribute to his living situation.

It would be inequitable to refuse to terminate the tenancy given the ongoing damage being caused in between inspections.

The landlord agrees to have the termination occurring on the 10 th of March to give the tenant the opportunity to find alternative accommodation.

Reasons

The landlord has sought termination given the failure to comply with 14 day notices for breaches that include a significant number of breaches.

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.

It is an unfortunate situation given that the tenant suffers from mental health and is case managed and this may very well attribute to his living situation.

It would be inequitable to refuse to terminate the tenancy given the ongoing damage being caused in between inspections.

The landlord agrees to have the termination occurring on the 10 th of March to give the tenant the opportunity to find alternative accommodation.

Tenancy Tribunal case 5164012 — 14-day notice at Unit/Flat 1, 447 Cashel Street, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 5164012 — 14-day notice at Unit/Flat 1, 447 Cashel Street, Linwood, Christchurch 8011

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions