What was Tenancy Tribunal case 5206855 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name.

How much money was awarded in case 5206855?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5206855?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5206855?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11672339-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5206855 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name.

How much money was awarded in case 5206855?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5206855?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5206855?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11672339-Tribunal_Order_Redacted.pdf.

20 Finlayson Park Avenue, Dargaville 0310 Tenancy Tribunal Case 5206855 — 14-day notice

Reasons

The hearing was conducted by telephone. A representative of the landlord attended the hearing. The tenant was unable to attend because he is suffering from a severe mental illness, and he is currently in a Te Whatu Ora mental health unit. His mother, [redacted], attended the hearing. She does not have any formal authority to represent her son, but she explained that she has been his main carer. There was no one else to speak for the tenant and he is unable to speak for himself and so I heard from [redacted].

The landlord has applied for termination of the tenancy and possession of the premises.

The landlord relies on two grounds in its application. The first is that the tenant is not living in the premises as required by the tenancy agreement. That is a breach capable of remedy and because the landlord has not served a breach notice on the tenant, the Tribunal cannot terminate the tenancy on that ground.

The other ground is that the tenant has caused or permitted others to cause substantial damage to the premises under s55(1)(b) of the Residential Tenancies Act 1986 (the Act).

The landlord produced photographs showing the premises in its current state. They show it be extensively damaged. There are holes in walls throughout the premises, both inside and outside. It is, as well, extremely untidy and unclean. There can be no doubt that it has suffered substantial damage. The premises are also unsanitary and uninhabitable.

[Redacted] said that the premises have been damaged by gang members who have taken advantage of her son. She has been told that by his neighbours. [Redacted] also spoke about failings of the health service in relation to caring for her son. She also criticised the landlord for not communicating with her.

She said that she wants to move into the premises with her son and care for him.

There is a letter from the psychiatrist treating the tenant stating, among other things, that due to his mental illness, he did not understand that he was damaging the premises. He believed that he was renovating it. That indicates the severity of his illness.

There is no evidence to support [redacted] claim that it was not her son who caused or permitted the damage to the premises. The psychiatrist’s letter suggests otherwise.

There is also a practical imperative here. The landlord must have possession of the premises to be able to restore it to a habitable state. That will be a long and expensive process.

I have no choice but to find that the tenant has caused or permitted others to cause substantial damage to the premises. In my view, the tenant’s mental state at the time does not affect the application of s55(1)(b) of the Act and therefore the tenancy must be terminated.

The premises are unoccupied and so the landlord may take possession of them immediately.

The landlord sought name suppression for the tenant. It is entirely appropriate for the tenant to have name suppression and so I have granted it. This is a sad situation, and the tenant should not suffer due to it when he comes to apply for accommodation in the future.

Order

The Tribunal orders suppression of the tenant’s name.
The tenancy of [the tenant] at 20 Finlayson Park Avenue, Dargaville 0310 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11am on Thursday 3 April 2025.

Reasons

The hearing was conducted by telephone. A representative of the landlord attended the hearing. The tenant was unable to attend because he is suffering from a severe mental illness, and he is currently in a Te Whatu Ora mental health unit. His mother, [redacted], attended the hearing. She does not have any formal authority to represent her son, but she explained that she has been his main carer. There was no one else to speak for the tenant and he is unable to speak for himself and so I heard from [redacted].
The landlord has applied for termination of the tenancy and possession of the premises.
The landlord relies on two grounds in its application. The first is that the tenant is not living in the premises as required by the tenancy agreement. That is a breach capable of remedy and because the landlord has not served a breach notice on the tenant, the Tribunal cannot terminate the tenancy on that ground.
The other ground is that the tenant has caused or permitted others to cause substantial damage to the premises under s55(1)(b) of the Residential Tenancies Act 1986 (the Act).
The landlord produced photographs showing the premises in its current state. They show it be extensively damaged. There are holes in walls throughout the premises, both inside and outside. It is, as well, extremely untidy and unclean. There can be no doubt that it has suffered substantial damage. The premises are also unsanitary and uninhabitable.
[Redacted] said that the premises have been damaged by gang members who have taken advantage of her son. She has been told that by his neighbours. [Redacted] also spoke about failings of the health service in relation to caring for her son. She also criticised the landlord for not communicating with her.
She said that she wants to move into the premises with her son and care for him.
There is a letter from the psychiatrist treating the tenant stating, among other things, that due to his mental illness, he did not understand that he was damaging the premises. He believed that he was renovating it. That indicates the severity of his illness.
There is no evidence to support [redacted] claim that it was not her son who caused or permitted the damage to the premises. The psychiatrist’s letter suggests otherwise.
There is also a practical imperative here. The landlord must have possession of the premises to be able to restore it to a habitable state. That will be a long and expensive process.
I have no choice but to find that the tenant has caused or permitted others to cause substantial damage to the premises. In my view, the tenant’s mental state at the time does not affect the application of s55(1)(b) of the Act and therefore the tenancy must be terminated.
The premises are unoccupied and so the landlord may take possession of them immediately.
The landlord sought name suppression for the tenant. It is entirely appropriate for the tenant to have name suppression and so I have granted it. This is a sad situation, and the tenant should not suffer due to it when he comes to apply for accommodation in the future.

Tenancy Tribunal case 5206855 — 14-day notice at 20 Finlayson Park Avenue, Dargaville 0310

At a glance

Tenancy Tribunal case 5206855 — 14-day notice at 20 Finlayson Park Avenue, Dargaville 0310

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions