What was Tenancy Tribunal case 5252139 about?

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

How much money was awarded in case 5252139?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5252139?

The dispute type was not classified.

Where can I read the official tribunal order for case 5252139?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12037204-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5252139 about?

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

How much money was awarded in case 5252139?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5252139?

The dispute type was not classified.

Where can I read the official tribunal order for case 5252139?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12037204-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 4, 10A Brixham Place, Merrilands, New Tenancy Tribunal Case 5252139 — Tenancy dispute

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
In addition to complying with her contractual and legal obligations to keep the premises at the tenancy address reasonably clean and tidy, the tenant, [The tenant/s], must carry out the following work to the premises, which must be completed by 20 August 2025 (“the due date”): a. Mow the lawns; b. Remove all rubbish from the exterior of the premises; c. Remove all clutter and rubbish from, and clean, the upstairs bedroom (Bedroom #2); and d. Remove all clutter and rubbish from, and clean, the laundry.
If the tenant fails to comply with Order 2 above within two working days of the due date, then the landlord may terminate the tenancy at Flat 4, 10A Brixham Place, Merrilands, New Plymouth 4312, and take immediate possession of the premises.

Reasons

Both parties attended the phone hearing. Notably, the tenant gave birth to her youngest baby on 24 June 2025. As of the hearing date, she and the baby remain in hospital until approximately 30 June 2025 due to the tenant’s undisputed health issues.
The landlord applied under the Residential Tenancies Act 1986 (“the Act”) for the following remedies: a. A remedy for a breach notice; and b. Conditional termination of the tenancy upon any future breach(es).
The tenant does not dispute the breach but wishes to avoid termination.

Has the tenant failed to comply with her obligations?

Clause 9 of the tenancy agreement requires the tenant to look after the home by keeping it tidy.
Section 40(1)(c) of the Act obliges the tenant to “keep the premises reasonably clean and reasonably tidy.”
The landlord claims the tenant has breached both the tenancy agreement and the Act. In proof of this claim, the landlord provided photographic evidence, inspection reports, and other written documentation, all of which were undisputed by the tenant. While the tenant has made partial progress in addressing the issues since the landlord’s Tribunal application was filed, the situation remained unresolved as of the Tribunal hearing on 25 June 2025.

Should a conditional termination order be made?

Under section 56(1) of the Act, the Tribunal may terminate a tenancy for breach if it would be inequitable to refuse to do so, considering the nature or extent of the breach. Where the breach is capable of being remedied, the landlord must first serve a 14-day notice and establish that the breach was not remedied.
There is no dispute that the tenant has breached her obligations. The landlord served two separate 14-day notices—on 4 March 2025 and again on 12 May 2025. The tenant failed to remedy the breaches within the required timeframe for either notice.
The landlord argues it would be inequitable to refuse termination for the following reasons: a. The tenant has had two tenancies with Kāinga Ora since 6 October 2017. She was transferred to the current property on 21 May 2024 to give her a fresh start, as she had been living in similar conditions at her previous tenancy. She has been the sole occupant of the current tenancy since 27 February 2025. The landlord asserts that the tenant understood and agreed to regular inspections to ensure the property was maintained at an acceptable level. However, the landlord reports that this tenancy is in a similar condition to her previous one. They are concerned about the tenant’s ongoing lack of engagement, despite Kāinga Ora’s efforts, and uncertain change to current behaviours. Nevertheless, the landlord is open to a conditional termination order and defers to the Tribunal’s decision on an appropriate timeframe, having considered all evidence. b. The landlord also submits that the situation is untenable and that an order for the landlord to complete the remedial work and charge the tenant under section 78 of the Act would be unsustainable, inadequate, and inappropriate, especially as a social housing provider. However, the landlord remains open to assisting the tenant, provided she demonstrates consistency, communication, and commitment to resolving the breaches and fulfilling her obligations.
The tenant acknowledged her breaches and the landlord’s concerns. She noted the following mitigating circumstances: a. Her embarrassment and remorse; b. A heart condition (previously not fully disclosed or understood by the landlord), including fatigue, fainting spells, and repeated hospitalisations; c. An unexpected and unplanned pregnancy since late last year, further exacerbating her health issues and contributing to the breaches; d. Feeling overwhelmed by personal circumstances and lacking support; e. The recent birth of her child (the day before the hearing); f. The support of the baby’s father and his family in helping her make progress and commit to further improvements; g. Willingness to accept the landlord’s suggestion of a further month under a conditional termination order; h. Increased engagement with multiple support agencies, including upcoming participation in a paid sustainable tenanting course; and i. A clear commitment to becoming more consistent, communicative, and compliant going forward.
Although I find that it would ordinarily be inequitable to refuse to terminate the tenancy, I am satisfied—based on the evidence—that the tenant will remedy the breach and complete the ordered work within the specified timeframe, and is unlikely to commit further breaches. Accordingly, I have granted a conditional termination order under section 78(3) of the Act.
This conditional termination order will lapse if fully complied with. However, if the tenant breaches the order, the immediate possession order becomes enforceable within 90 days of the breach, under section 64(4)(b) of the Act.
As the landlord does not seek reimbursement of the filing fee, no order for costs is made.
I also personally thank both attendees for the courtesy and constructive approach they demonstrated during the hearing, and for their assistance in working towards a mutually acceptable consent order.

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
In addition to complying with her contractual and legal obligations to keep the premises at the tenancy address reasonably clean and tidy, the tenant, [The tenant/s], must carry out the following work to the premises, which must be completed by 20 August 2025 (“the due date”): a. Mow the lawns; b. Remove all rubbish from the exterior of the premises; c. Remove all clutter and rubbish from, and clean, the upstairs bedroom (Bedroom #2); and d. Remove all clutter and rubbish from, and clean, the laundry.
If the tenant fails to comply with Order 2 above within two working days of the due date, then the landlord may terminate the tenancy at Flat 4, 10A Brixham Place, Merrilands, New Plymouth 4312, and take immediate possession of the premises.

Reasons

Both parties attended the phone hearing. Notably, the tenant gave birth to her youngest baby on 24 June 2025. As of the hearing date, she and the baby remain in hospital until approximately 30 June 2025 due to the tenant’s undisputed health issues.
The landlord applied under the Residential Tenancies Act 1986 (“the Act”) for the following remedies: a. A remedy for a breach notice; and b. Conditional termination of the tenancy upon any future breach(es).
The tenant does not dispute the breach but wishes to avoid termination.

Has the tenant failed to comply with her obligations?

Clause 9 of the tenancy agreement requires the tenant to look after the home by keeping it tidy.
Section 40(1)(c) of the Act obliges the tenant to “keep the premises reasonably clean and reasonably tidy.”
The landlord claims the tenant has breached both the tenancy agreement and the Act. In proof of this claim, the landlord provided photographic evidence, inspection reports, and other written documentation, all of which were undisputed by the tenant. While the tenant has made partial progress in addressing the issues since the landlord’s Tribunal application was filed, the situation remained unresolved as of the Tribunal hearing on 25 June 2025.

Should a conditional termination order be made?

Under section 56(1) of the Act, the Tribunal may terminate a tenancy for breach if it would be inequitable to refuse to do so, considering the nature or extent of the breach. Where the breach is capable of being remedied, the landlord must first serve a 14-day notice and establish that the breach was not remedied.
There is no dispute that the tenant has breached her obligations. The landlord served two separate 14-day notices—on 4 March 2025 and again on 12 May 2025. The tenant failed to remedy the breaches within the required timeframe for either notice.
The landlord argues it would be inequitable to refuse termination for the following reasons: a. The tenant has had two tenancies with Kāinga Ora since 6 October 2017. She was transferred to the current property on 21 May 2024 to give her a fresh start, as she had been living in similar conditions at her previous tenancy. She has been the sole occupant of the current tenancy since 27 February 2025. The landlord asserts that the tenant understood and agreed to regular inspections to ensure the property was maintained at an acceptable level. However, the landlord reports that this tenancy is in a similar condition to her previous one. They are concerned about the tenant’s ongoing lack of engagement, despite Kāinga Ora’s efforts, and uncertain change to current behaviours. Nevertheless, the landlord is open to a conditional termination order and defers to the Tribunal’s decision on an appropriate timeframe, having considered all evidence. b. The landlord also submits that the situation is untenable and that an order for the landlord to complete the remedial work and charge the tenant under section 78 of the Act would be unsustainable, inadequate, and inappropriate, especially as a social housing provider. However, the landlord remains open to assisting the tenant, provided she demonstrates consistency, communication, and commitment to resolving the breaches and fulfilling her obligations.
The tenant acknowledged her breaches and the landlord’s concerns. She noted the following mitigating circumstances: a. Her embarrassment and remorse; b. A heart condition (previously not fully disclosed or understood by the landlord), including fatigue, fainting spells, and repeated hospitalisations; c. An unexpected and unplanned pregnancy since late last year, further exacerbating her health issues and contributing to the breaches; d. Feeling overwhelmed by personal circumstances and lacking support; e. The recent birth of her child (the day before the hearing); f. The support of the baby’s father and his family in helping her make progress and commit to further improvements; g. Willingness to accept the landlord’s suggestion of a further month under a conditional termination order; h. Increased engagement with multiple support agencies, including upcoming participation in a paid sustainable tenanting course; and i. A clear commitment to becoming more consistent, communicative, and compliant going forward.
Although I find that it would ordinarily be inequitable to refuse to terminate the tenancy, I am satisfied—based on the evidence—that the tenant will remedy the breach and complete the ordered work within the specified timeframe, and is unlikely to commit further breaches. Accordingly, I have granted a conditional termination order under section 78(3) of the Act.
This conditional termination order will lapse if fully complied with. However, if the tenant breaches the order, the immediate possession order becomes enforceable within 90 days of the breach, under section 64(4)(b) of the Act.
As the landlord does not seek reimbursement of the filing fee, no order for costs is made.
I also personally thank both attendees for the courtesy and constructive approach they demonstrated during the hearing, and for their assistance in working towards a mutually acceptable consent order.

Tenancy Tribunal case 5252139 — Tenancy dispute at Unit/Flat Flat 4, 10A Brixham Place, Merrilands, New

At a glance

Claims & awards

Tenancy Tribunal case 5252139 — Tenancy dispute at Unit/Flat Flat 4, 10A Brixham Place, Merrilands, New

At a glance

Claims & awards

Order

Reasons

Has the tenant failed to comply with her obligations?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Has the tenant failed to comply with her obligations?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions