What was the outcome of Tenancy Tribunal case 5277161?

The tribunal order states: Makerita Brown must carry out the following work to a tradesperson like

How much money was awarded in case 5277161?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5277161?

The primary dispute was 14-day notice. Related themes: State of repair, Cleanliness.

Where can I read the official tribunal order for case 5277161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12149269-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5277161?

The tribunal order states: Makerita Brown must carry out the following work to a tradesperson like

How much money was awarded in case 5277161?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5277161?

The primary dispute was 14-day notice. Related themes: State of repair, Cleanliness.

Where can I read the official tribunal order for case 5277161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12149269-Tenancy_Tribunal_Order.pdf.

94 Chelburn Crescent, Mangere East, Auckland 2024 Tenancy Tribunal Case 5277161 — 14-day notice

Order

Makerita Brown must carry out the following work to a tradesperson like standard by no later than Wednesday 17 September 2025. Exterior All rubbish on the exterior of the property to be removed. All rubbish on the deck at the back of the property to be removed. The lawns are to be mowed. Interior Toilet Hand wash basin to be cleaned. All rubbish to be removed. Bathroom Floor to be cleaned and rubbish removed. Air filter to be cleaned. Bedroom 2 Door to be reattached to hinges. All holes in the walls to be repaired. Windows and window sills to be wiped. All rubbish to be removed. Bedroom 1 All holes in the walls and closet to be repaired. All rubbish to be removed. Windows and window sills to be cleaned. Entry/ hallway All holes in the walls to be repaired. Clean floors and remove rubbish. Kitchen Floors to be scrubbed and cleaned. Oven/stove to be cleaned and all dirt around the elements to be removed. Rangehood and filters to be cleaned. Wall next to the oven to be cleaned. Kitchen bench to be cleaned. All rubbish in the kitchen to be removed. Living room All holes to be repaired.

If the tenant fails to carry out all of the work in order 1 to a tradesperson like standard by Wednesday 17 September 2025: a. The tenancy at 94 Chelburn Crescent, Mangere East, Auckland 2024 will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy. The tenant wants to carry out the work required to avoid immediate termination.

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 tenant breached their obligations by failing to maintain the premises. On 1 April 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy. The damage to the premises, rubbish and cleaning required is substantial. The landlord’s contractors have estimated the costs to be in the vicinity of $25,000.00.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, I am satisfied the tenant will complete the work required within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

The work required by the tenant is substantial. I understand that the tenant has support from various agencies and the local community. It will no doubt take some time for the work to be completed and that is why I have given the tenant a period of two months to complete the work.

For the purposes of certainty, I record that the tenant is not required to carry out any painting.

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 Wednesday 17 September 2025. See section 64(4)(b) Residential Tenancies Act 1986.

I wish to place on record my thanks to the tenant’s support person and the landlord’s representative for their assistance in this matter.

Order

Makerita Brown must carry out the following work to a tradesperson like standard by no later than Wednesday 17 September 2025. Exterior All rubbish on the exterior of the property to be removed. All rubbish on the deck at the back of the property to be removed. The lawns are to be mowed. Interior Toilet Hand wash basin to be cleaned. All rubbish to be removed. Bathroom Floor to be cleaned and rubbish removed. Air filter to be cleaned. Bedroom 2 Door to be reattached to hinges. All holes in the walls to be repaired. Windows and window sills to be wiped. All rubbish to be removed. Bedroom 1 All holes in the walls and closet to be repaired. All rubbish to be removed. Windows and window sills to be cleaned. Entry/ hallway All holes in the walls to be repaired. Clean floors and remove rubbish. Kitchen Floors to be scrubbed and cleaned. Oven/stove to be cleaned and all dirt around the elements to be removed. Rangehood and filters to be cleaned. Wall next to the oven to be cleaned. Kitchen bench to be cleaned. All rubbish in the kitchen to be removed. Living room All holes to be repaired.
If the tenant fails to carry out all of the work in order 1 to a tradesperson like standard by Wednesday 17 September 2025: a. The tenancy at 94 Chelburn Crescent, Mangere East, Auckland 2024 will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy. The tenant wants to carry out the work required to avoid immediate termination.

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 tenant breached their obligations by failing to maintain the premises. On 1 April 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy. The damage to the premises, rubbish and cleaning required is substantial. The landlord’s contractors have estimated the costs to be in the vicinity of $25,000.00.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, I am satisfied the tenant will complete the work required within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The work required by the tenant is substantial. I understand that the tenant has support from various agencies and the local community. It will no doubt take some time for the work to be completed and that is why I have given the tenant a period of two months to complete the work.
For the purposes of certainty, I record that the tenant is not required to carry out any painting.
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 Wednesday 17 September 2025. See section 64(4)(b) Residential Tenancies Act 1986.
I wish to place on record my thanks to the tenant’s support person and the landlord’s representative for their assistance in this matter.

Tenancy Tribunal case 5277161 — 14-day notice at 94 Chelburn Crescent, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5277161 — 14-day notice at 94 Chelburn Crescent, Mangere East, Auckland 2024

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