How much money was awarded in case 5265059?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5265059?

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

Where can I read the official tribunal order for case 5265059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12249517-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5265059?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5265059?

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

Where can I read the official tribunal order for case 5265059?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12249517-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5265059 — 14-day notice

Q: What was Tenancy Tribunal case 5265059 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Amy Humphries at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5pm Friday 31 October 2025.

By the consent of the parties, the tenant may terminate the tenancy before 31 October 2025 by providing the landlord a written notice to terminate, with no less than two working days’ notice of the end date.

Reasons

Both parties attended the hearing, conducted via teleconference. The tenant had a support person with her.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

The landlord declined a monetary order for the return of its filing fee.

The tenant provided her email address for use as an address for service.

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 landlord served a 14-day notice on the tenant on 3 April 2025. This followed an inspection the day before. The tenant did not remedy the breaches within the required period.

The tenant has breached their obligations by failing to remedy multiple damages to the premises, remove all rubbish, nor replace removed smoke alarms (see sections 40(2)(a) and 41 RTA).

It would be inequitable to refuse to terminate the tenancy because while no further damage has been noted recently, the significant issues remain. It would be unreasonable to expect the landlord to repair the damage and remove the rubbish for the tenancy to continue. The property is made available to the landlord for social housing via a private arrangement with the owner. This model relies on mutual trust between the owner and landlord. I accept that the damage here is causing considerable angst for the owner.

While termination is the consequence, the landlord was supportive of both an extended termination date and early exit for the tenant’s convenience, if such an opportunity presents. These are both ordered and reflect a shared view that no further damage will occur during the final stage of this tenancy. The tenant gave her word that she can prevent any further damage.

The tenancy is terminated per s 56(1) RTA. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Amy Humphries at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5pm Friday 31 October 2025.
By the consent of the parties, the tenant may terminate the tenancy before 31 October 2025 by providing the landlord a written notice to terminate, with no less than two working days’ notice of the end date.

Reasons

Both parties attended the hearing, conducted via teleconference. The tenant had a support person with her.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
The landlord declined a monetary order for the return of its filing fee.
The tenant provided her email address for use as an address for service.

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 landlord served a 14-day notice on the tenant on 3 April 2025. This followed an inspection the day before. The tenant did not remedy the breaches within the required period.
The tenant has breached their obligations by failing to remedy multiple damages to the premises, remove all rubbish, nor replace removed smoke alarms (see sections 40(2)(a) and 41 RTA).
It would be inequitable to refuse to terminate the tenancy because while no further damage has been noted recently, the significant issues remain. It would be unreasonable to expect the landlord to repair the damage and remove the rubbish for the tenancy to continue. The property is made available to the landlord for social housing via a private arrangement with the owner. This model relies on mutual trust between the owner and landlord. I accept that the damage here is causing considerable angst for the owner.
While termination is the consequence, the landlord was supportive of both an extended termination date and early exit for the tenant’s convenience, if such an opportunity presents. These are both ordered and reflect a shared view that no further damage will occur during the final stage of this tenancy. The tenant gave her word that she can prevent any further damage.
The tenancy is terminated per s 56(1) RTA. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 5265059 — 14-day notice

At a glance

Tenancy Tribunal case 5265059 — 14-day notice

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