What was Tenancy Tribunal case 5291159 about?

The tribunal order states: The Tribunal grants the application for name suppression. The name and

How much money was awarded in case 5291159?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5291159?

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

Where can I read the official tribunal order for case 5291159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12307451-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5291159 about?

The tribunal order states: The Tribunal grants the application for name suppression. The name and

How much money was awarded in case 5291159?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5291159?

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

Where can I read the official tribunal order for case 5291159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12307451-Tribunal_Order_Redacted.pdf.

Unit/Flat 4, 55 Friedlanders Road, Manurewa, Auckland Tenancy Tribunal Case 5291159 — 14-day notice

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Unit/Flat 4, 55 Friedlanders Road, Manurewa, Auckland Tenancy Tribunal Case 5291159 — 14-day notice | TenantCheck

Order

The Tribunal grants the application for name suppression. The name and identifying details of the tenant are to be suppressed.
The tenant is required to carry out the following cleaning and decluttering work at the premises: a. Kitchen: Clean the kitchen to ensure all surfaces are sanitary and suitable for food preparation and consumption. This must be completed within two weeks from the date of this Order. b. Hallways and Entrances: Clean and clear the hallways and bedroom entrances and ensure all entrance and exit points to the property are fully accessible. This must be completed within two weeks from the date of this Order. c. Ventilation and Access: Clean, clear, and declutter areas around internal walls, air conditioning units/heat pumps, windows, and doors to ensure proper functioning and ventilation. This must be completed within four weeks from the date of this Order. d. Remaining Areas: Clean, clear, and declutter the bedrooms, bathrooms/toilets, living/lounge areas, laundry, deck, and all other remaining parts of the property. This must be completed within six weeks from the date of this Order.
If the tenant fails to complete any of the work listed in Order 2 within five working days of the respective due dates, the tenancy at Unit/Flat 4, 55 Friedlanders Road, Manurewa, Auckland 2102 will be terminated, and the landlord will be entitled to immediate possession of the premises.

Reasons

Both parties attended the hearing.
The landlord applied for a conditional termination of the tenancy on the grounds of breaches of the tenant’s obligations. The tenant opposes immediate termination and wishes to remedy any breaches and comply with her obligations going forward.

Should the tenant be granted name suppression?

The landlord has requested name suppression for the tenant, citing her vulnerability. While there is a general presumption in favour of open justice and reporting, the Tribunal accepts that name suppression is justified in this case. The tenant is dependent on social housing, is responsible for a young child, and is currently dealing with mental health issues that are still in the process of being formally diagnosed and treated. These circumstances call for a level of accommodation, realism, and compassion that supports the granting of suppression, which I am comfortable complies with the requirements of sections 85 and 95A of the Act in the unique circumstances of this case.

Has the tenant failed to comply with her obligations?

The tenant is a [redacted] woman and is the sole signatory to the tenancy agreement, which commenced on 11 October 2023. She lives in a two-bedroom unit within a six-unit apartment block with her dependent child.
The landlord states that: a. The tenant is in breach of the tenancy agreement by failing to keep the premises in a reasonably clean and tidy condition, contrary to section 40(1)(c) of the Residential Tenancies Act 1986 and clause 6 of the agreement; and b. The property is excessively cluttered, with rooms that are inaccessible and internal exits obstructed. This poses significant health and safety risks, including potential fire hazards. This conduct breaches clause 10 of the tenancy agreement and, although not expressly stated in those terms, could also appear to breach section 40(2)(ab) of the Act, relating to the maintenance of means of escape from fire
The tenant does not dispute these breaches. She stated that she feels overwhelmed, upset, and embarrassed by the current state of the property. She suffers from mental health issues, which she says contribute to hoarding behaviour and hinder her ability to address the resulting problems or seek help. The situation has become a downward spiral, and she accepts that it is no longer sustainable – both due to the risks it poses to the tenant, her daughter, and neighbours, and because of the implications for the landlord’s social housing asset.
The tenant explained that her doctors are currently adjusting her medication and has been referred for counselling to address generalised anxiety. However, based on the evidence presented, it appears that her healthcare providers may not be aware of the housing situation (let alone the extent of it) and its effect on her and her child’s quality of life. As such, it was not clear whether the tenant is yet receiving the level and nature of support required to meaningfully resolve the issue in the long term.
In support of its application, the landlord has provided pre- and post-tenancy inspection photographs, a timeline of key events between 31 October 2024 and 12 June 2025, and copies of ongoing correspondence. I accept this evidence and find that the landlord’s concerns about the tenant’s ongoing hoarding and cleanliness issues are well-founded, and her mental health condition cannot be ignored in understanding or addressing the situation.
Presumably given the nature and extent of the breaches, the landlord is not seeking a monetary award or an order to undertake remedial work. Instead, it seeks a conditional termination of the tenancy in the hope that a formal structure will help bring about necessary changes, and potentially enable the tenant to access more targeted and effective support to stabilise the situation.

Should a conditional termination order be made?

Under section 56(1) of the Act, the Tribunal may terminate a tenancy for breach where the nature or extent of the breach makes it inequitable to refuse termination. If the breach is capable of being remedied, the landlord must serve a notice allowing the tenant at least 14 days to fix the issue and show that this has not been done.
On 11 April 2025, the landlord served a valid 14-day notice on the tenant. The breach was not remedied within the required timeframe.
I am satisfied that it would be inequitable to refuse termination in this case. The breaches are significant and directly impact the tenant’s ability, and that of her child, to live safely in the premises, and in case of emergency (especially fire), potentially impact her neighbours too.
The tenant accepts she has not previously engaged meaningfully with the support and assistance offered. However, she now acknowledges the seriousness of the situation given that the landlord has taken the matter to the Tribunal, and understands the potential consequences, including the risk of homelessness. As a result, she is committed to working constructively with the landlord to address the issues and prevent a recurrence.
Accordingly, although I find that it would ordinarily be inequitable to refuse termination, I am persuaded – having heard directly from the tenant – that she will make a genuine attempt to comply with the Tribunal’s directions and is unlikely to commit any further serious breach. The Tribunal therefore grants a conditional termination order in accordance with section 78(3) of the Act.
If the tenant fully complies with this Order, the tenancy will not be terminated. However, if she fails to comply, the landlord may enforce the possession order within 90 days from the date of the first breach, pursuant to section 64(4)(b) of the Act.

Order

The Tribunal grants the application for name suppression. The name and identifying details of the tenant are to be suppressed.
The tenant is required to carry out the following cleaning and decluttering work at the premises: a. Kitchen: Clean the kitchen to ensure all surfaces are sanitary and suitable for food preparation and consumption. This must be completed within two weeks from the date of this Order. b. Hallways and Entrances: Clean and clear the hallways and bedroom entrances and ensure all entrance and exit points to the property are fully accessible. This must be completed within two weeks from the date of this Order. c. Ventilation and Access: Clean, clear, and declutter areas around internal walls, air conditioning units/heat pumps, windows, and doors to ensure proper functioning and ventilation. This must be completed within four weeks from the date of this Order. d. Remaining Areas: Clean, clear, and declutter the bedrooms, bathrooms/toilets, living/lounge areas, laundry, deck, and all other remaining parts of the property. This must be completed within six weeks from the date of this Order.
If the tenant fails to complete any of the work listed in Order 2 within five working days of the respective due dates, the tenancy at Unit/Flat 4, 55 Friedlanders Road, Manurewa, Auckland 2102 will be terminated, and the landlord will be entitled to immediate possession of the premises.

Reasons

Both parties attended the hearing.
The landlord applied for a conditional termination of the tenancy on the grounds of breaches of the tenant’s obligations. The tenant opposes immediate termination and wishes to remedy any breaches and comply with her obligations going forward.

Should the tenant be granted name suppression?

The landlord has requested name suppression for the tenant, citing her vulnerability. While there is a general presumption in favour of open justice and reporting, the Tribunal accepts that name suppression is justified in this case. The tenant is dependent on social housing, is responsible for a young child, and is currently dealing with mental health issues that are still in the process of being formally diagnosed and treated. These circumstances call for a level of accommodation, realism, and compassion that supports the granting of suppression, which I am comfortable complies with the requirements of sections 85 and 95A of the Act in the unique circumstances of this case.

Has the tenant failed to comply with her obligations?

The tenant is a [redacted] woman and is the sole signatory to the tenancy agreement, which commenced on 11 October 2023. She lives in a two-bedroom unit within a six-unit apartment block with her dependent child.
The landlord states that: a. The tenant is in breach of the tenancy agreement by failing to keep the premises in a reasonably clean and tidy condition, contrary to section 40(1)(c) of the Residential Tenancies Act 1986 and clause 6 of the agreement; and b. The property is excessively cluttered, with rooms that are inaccessible and internal exits obstructed. This poses significant health and safety risks, including potential fire hazards. This conduct breaches clause 10 of the tenancy agreement and, although not expressly stated in those terms, could also appear to breach section 40(2)(ab) of the Act, relating to the maintenance of means of escape from fire
The tenant does not dispute these breaches. She stated that she feels overwhelmed, upset, and embarrassed by the current state of the property. She suffers from mental health issues, which she says contribute to hoarding behaviour and hinder her ability to address the resulting problems or seek help. The situation has become a downward spiral, and she accepts that it is no longer sustainable – both due to the risks it poses to the tenant, her daughter, and neighbours, and because of the implications for the landlord’s social housing asset.
The tenant explained that her doctors are currently adjusting her medication and has been referred for counselling to address generalised anxiety. However, based on the evidence presented, it appears that her healthcare providers may not be aware of the housing situation (let alone the extent of it) and its effect on her and her child’s quality of life. As such, it was not clear whether the tenant is yet receiving the level and nature of support required to meaningfully resolve the issue in the long term.
In support of its application, the landlord has provided pre- and post-tenancy inspection photographs, a timeline of key events between 31 October 2024 and 12 June 2025, and copies of ongoing correspondence. I accept this evidence and find that the landlord’s concerns about the tenant’s ongoing hoarding and cleanliness issues are well-founded, and her mental health condition cannot be ignored in understanding or addressing the situation.
Presumably given the nature and extent of the breaches, the landlord is not seeking a monetary award or an order to undertake remedial work. Instead, it seeks a conditional termination of the tenancy in the hope that a formal structure will help bring about necessary changes, and potentially enable the tenant to access more targeted and effective support to stabilise the situation.

Should a conditional termination order be made?

Under section 56(1) of the Act, the Tribunal may terminate a tenancy for breach where the nature or extent of the breach makes it inequitable to refuse termination. If the breach is capable of being remedied, the landlord must serve a notice allowing the tenant at least 14 days to fix the issue and show that this has not been done.
On 11 April 2025, the landlord served a valid 14-day notice on the tenant. The breach was not remedied within the required timeframe.
I am satisfied that it would be inequitable to refuse termination in this case. The breaches are significant and directly impact the tenant’s ability, and that of her child, to live safely in the premises, and in case of emergency (especially fire), potentially impact her neighbours too.
The tenant accepts she has not previously engaged meaningfully with the support and assistance offered. However, she now acknowledges the seriousness of the situation given that the landlord has taken the matter to the Tribunal, and understands the potential consequences, including the risk of homelessness. As a result, she is committed to working constructively with the landlord to address the issues and prevent a recurrence.
Accordingly, although I find that it would ordinarily be inequitable to refuse termination, I am persuaded – having heard directly from the tenant – that she will make a genuine attempt to comply with the Tribunal’s directions and is unlikely to commit any further serious breach. The Tribunal therefore grants a conditional termination order in accordance with section 78(3) of the Act.
If the tenant fully complies with this Order, the tenancy will not be terminated. However, if she fails to comply, the landlord may enforce the possession order within 90 days from the date of the first breach, pursuant to section 64(4)(b) of the Act.

Tenancy Tribunal case 5291159 — 14-day notice at Unit/Flat 4, 55 Friedlanders Road, Manurewa, Auckland

At a glance

Tenancy Tribunal case 5291159 — 14-day notice at Unit/Flat 4, 55 Friedlanders Road, Manurewa, Auckland

At a glance

Claims & awards

Order

Reasons

Should the tenant be granted name suppression?

Has the tenant failed to comply with her obligations?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenant be granted name suppression?

Has the tenant failed to comply with her obligations?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions