How much money was awarded in case 5231611?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5231611?

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

Where can I read the official tribunal order for case 5231611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11857667-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5231611?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5231611?

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

Where can I read the official tribunal order for case 5231611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11857667-Tenancy_Tribunal_Order.pdf.

3C Hutton Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5231611 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 5231611?

The tribunal order states: The tenants must carry out the following work to the premises, which must be

Order

The tenants must carry out the following work to the premises, which must be completed by midday on Friday 30 May 2025: a. Remove and dispose of all inorganic material from the exterior of the premises. This includes wood, rubbish, plastic and any other miscellaneous inorganic material; b. Cut the lawn, clear vegetation and tidy up the section; c. Clean the kitchen area and remove all rubbish; d. Mop and clean floors, clean stove; e. Remove rubbish from and clean the lounge area; f. Clean the walls in bedroom one and two; g. Clear hallway; h. Restore the laundry to a usable condition; and i. Sort and dispose of all unwanted items stored inside of the various room in the house (declutter).

The landlord may undertake an inspection after midday on 30 May 2025 to determine whether the tenant has complied with Order 1 (a) to (i).

If the tenants fail to comply with all of the tasks set out in Order 1 (a) to (i) above, then at 5pm on 30 May 2025 the tenancy will terminate and immediate possession will be granted to Kāinga Ora–Homes And Communities.

Reasons

The landlord attended the hearing. The tenants did not.

A Hindi interpreter was present at the hearing to assist if the tenants did attend the hearing.

The landlord has applied for conditional termination of the tenancy.

Should a conditional termination order be made?

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. See section 56(1) Residential Tenancies Act 1986.

The tenants have breached their section 40(1)(a)-(e), Residential Tenancies Act 1986 obligations by: a. Failing to comply with a 14-day notice issued by the landlord on 17 September 2024 requiring them to undertake the work orders set out on Order 1 above by 7 October 2024; and b. Failing to comply with the Tribunal’s work orders as set out in the 15 January 2025 Order made under application 5007128 to: i. Remove all inorganic material from the exterior of the premises; ii. Cut the lawn and tidy up the section; iii. Clean the kitchen area and remove all rubbish; iv. Mop and clean floors, clean stove; v. Remove rubbish from and clean the lounge area; and vi. Clean the walls in bedroom one and two.

I am satisfied that the landlord has tried to work with the tenants to get them to understand why the premise needs to be cleaned, tidied and decluttered as the amount of clutter and lack of cleanliness is creating a health and safety risk as potential fire risk. It would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the landlord wants to give the tenants a further two weeks to carry out the tasks set out in Order 1 above so as to preserve their tenancy. The landlord does not consider it appropriate to carry out the tasks set out in Order 1 above and add the cost of doing so to the tenants rent. I agree that the tenants must be free to make a choice between decluttering, cleaning and restoring the laundry to a useable condition or find new accommodation by 5pm on 30 May 2025. I have granted a conditional termination order to enable the tenants time to make that choice. See section 78(3) Residential Tenancies Act 1986.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Order

The tenants must carry out the following work to the premises, which must be completed by midday on Friday 30 May 2025: a. Remove and dispose of all inorganic material from the exterior of the premises. This includes wood, rubbish, plastic and any other miscellaneous inorganic material; b. Cut the lawn, clear vegetation and tidy up the section; c. Clean the kitchen area and remove all rubbish; d. Mop and clean floors, clean stove; e. Remove rubbish from and clean the lounge area; f. Clean the walls in bedroom one and two; g. Clear hallway; h. Restore the laundry to a usable condition; and i. Sort and dispose of all unwanted items stored inside of the various room in the house (declutter).
The landlord may undertake an inspection after midday on 30 May 2025 to determine whether the tenant has complied with Order 1 (a) to (i).
If the tenants fail to comply with all of the tasks set out in Order 1 (a) to (i) above, then at 5pm on 30 May 2025 the tenancy will terminate and immediate possession will be granted to Kāinga Ora–Homes And Communities.

Reasons

The landlord attended the hearing. The tenants did not.
A Hindi interpreter was present at the hearing to assist if the tenants did attend the hearing.
The landlord has applied for conditional termination of the tenancy.

Should a conditional termination order be made?

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. See section 56(1) Residential Tenancies Act 1986.
The tenants have breached their section 40(1)(a)-(e), Residential Tenancies Act 1986 obligations by: a. Failing to comply with a 14-day notice issued by the landlord on 17 September 2024 requiring them to undertake the work orders set out on Order 1 above by 7 October 2024; and b. Failing to comply with the Tribunal’s work orders as set out in the 15 January 2025 Order made under application 5007128 to: i. Remove all inorganic material from the exterior of the premises; ii. Cut the lawn and tidy up the section; iii. Clean the kitchen area and remove all rubbish; iv. Mop and clean floors, clean stove; v. Remove rubbish from and clean the lounge area; and vi. Clean the walls in bedroom one and two.
I am satisfied that the landlord has tried to work with the tenants to get them to understand why the premise needs to be cleaned, tidied and decluttered as the amount of clutter and lack of cleanliness is creating a health and safety risk as potential fire risk. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the landlord wants to give the tenants a further two weeks to carry out the tasks set out in Order 1 above so as to preserve their tenancy. The landlord does not consider it appropriate to carry out the tasks set out in Order 1 above and add the cost of doing so to the tenants rent. I agree that the tenants must be free to make a choice between decluttering, cleaning and restoring the laundry to a useable condition or find new accommodation by 5pm on 30 May 2025. I have granted a conditional termination order to enable the tenants time to make that choice. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Tenancy Tribunal case 5231611 — 14-day notice at 3C Hutton Street, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5231611 — 14-day notice at 3C Hutton Street, Otahuhu, Auckland 1062

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions