Tenantcheck Insights · Case study

Tenancy Tribunal case 5302316 — 14-day notice at 1 Curzon Street, Onehunga, Auckland 1061

Decided 28 Aug 2025 · Published 28 Aug 2025 · Application 5302316

14-day notice

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

Auckland

Tribunal region

Adjudicator

J Tam

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.

Order

[The tenant/s] tenant/s] must remove all rubbish and inorganic materials from the inside the property, including front, rear, and side yards within 14 days from today.
[The tenant/s] tenant/s] must cut back and maintain all lawn and garden areas to a tidy and reasonable standard within 14 days from today.

Reasons

Only the landlord, a social housing provider, attended the hearing. Calls to the tenant went unanswered.
I am satisfied from the evidence presented by the landlord that the tenant is in breach of their obligations by failing to keep the premises in a reasonably clean and tidy condition.
The tenant also breached their obligation failing to keep the yard tidy and leaving rubbish and inorganic materials in an untidy manner.
The landlord wants the problems fixed.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the tenant to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
In this case, the work order involves the tenant removing rubbish from the premises.
Section 77(2) RTA specifically provides the Tribunal shall have jurisdiction: (l) to order the landlord or the tenant under any tenancy agreement to which this Act applies to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of this Act, or to do anything that that party is required to do by any such provision: (m) to order the landlord or the tenant under any tenancy agreement to which this Act applies to refrain from doing anything if the doing of that thing by that party would constitute a contravention or (as the case may require) a further contravention of any express or implied provision of the tenancy agreement or any provision of this Act.
At this juncture, only work orders for the tenant to remove rubbish and inorganic materials from the property and to keep the grounds tidy are being sought by the social housing agency. The landlord reserves its right to apply for termination of the tenancy should the tenant fail to comply with the above work order within 14 days.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

14-day notice Auckland

Residential Tenancies Act sections

s40(1), s77(2), s78(1)

Key findings

Dispute theme: termination 14day

Property management

Kāinga Ora–Homes and Communities (applicant)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 5302316 about?

The tribunal order states: [The tenant/s] tenant/s] must remove all rubbish and inorganic materials from the inside

How much money was awarded in case 5302316?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5302316?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5302316?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12337029-Tenancy_Tribunal_Order.pdf.

For landlords & property managers

Reduce avoidable tribunal risk with proper tenant checks.

Tenantcheck reports take minutes: a small step before a dispute ends up at tribunal.

Order a Tenantcheck →

Order

[The tenant/s] tenant/s] must remove all rubbish and inorganic materials from the inside the property, including front, rear, and side yards within 14 days from today.

[The tenant/s] tenant/s] must cut back and maintain all lawn and garden areas to a tidy and reasonable standard within 14 days from today.

Reasons

Only the landlord, a social housing provider, attended the hearing. Calls to the tenant went unanswered.

I am satisfied from the evidence presented by the landlord that the tenant is in breach of their obligations by failing to keep the premises in a reasonably clean and tidy condition.

The tenant also breached their obligation failing to keep the yard tidy and leaving rubbish and inorganic materials in an untidy manner.

The landlord wants the problems fixed.

Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.

Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the tenant to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.

In this case, the work order involves the tenant removing rubbish from the premises.

Section 77(2) RTA specifically provides the Tribunal shall have jurisdiction: (l) to order the landlord or the tenant under any tenancy agreement to which this Act applies to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of this Act, or to do anything that that party is required to do by any such provision: (m) to order the landlord or the tenant under any tenancy agreement to which this Act applies to refrain from doing anything if the doing of that thing by that party would constitute a contravention or (as the case may require) a further contravention of any express or implied provision of the tenancy agreement or any provision of this Act.

At this juncture, only work orders for the tenant to remove rubbish and inorganic materials from the property and to keep the grounds tidy are being sought by the social housing agency. The landlord reserves its right to apply for termination of the tenancy should the tenant fail to comply with the above work order within 14 days.