What was Tenancy Tribunal case 5304240 about?

The tribunal order states: [The tenant/s] must remove all dogs from the premises, Unit/Flat 12, 10

How much money was awarded in case 5304240?

Community Housing: $28.00 awarded to landlord

What type of tenancy dispute was case 5304240?

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

Where can I read the official tribunal order for case 5304240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12502472-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5304240 about?

The tribunal order states: [The tenant/s] must remove all dogs from the premises, Unit/Flat 12, 10

How much money was awarded in case 5304240?

Community Housing: $28.00 awarded to landlord

What type of tenancy dispute was case 5304240?

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

Where can I read the official tribunal order for case 5304240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12502472-Tenancy_Tribunal_Order.pdf.

Unit/Flat 12, 10 Hauiti Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5304240 — 14-day notice

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5304240. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Community Housing	$28.00		Community Housing

[The tenant/s] must remove all dogs from the premises, Unit/Flat 12, 10 Hauiti Road, Otahuhu, Auckland 1062, by 5:00 pm on Wednesday 15 October 2025.

If [The tenant/s] fails to comply with order 1 (above) within 5 working days of the due date, his tenancy at Unit/Flat 12, 10 Hauiti Road, Otahuhu, Auckland 1062 will terminate and the landlord will have immediate possession of the premises.

[The tenant/s] must pay Community Of Refuge Trust Trading As Cort Community Housing $28.00 immediately, being reimbursement of the filing fee.

Reasons

A hearing was convened by teleconference on 1 October 2025. The landlord attended. The tenant did not attend. Attempts were made by the Tribunal to contact the tenant on the number provided in the application, but these were unsuccessful. I am satisfied that the hearing notice was duly served on the tenant and that the tenant has had a reasonable opportunity to attend. It was appropriate that the hearing proceed in the tenant’s absence.

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

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 has applied for a termination of the tenancy under section 56 of the RTA, on the grounds that the tenant has breached the tenancy agreement by keeping dogs at the property without the landlord’s consent.

The landlord alleges that the tenant has kept two large dogs (and at times three) at the premises in breach of the tenancy agreement. The landlord gave evidence that the property is an upstairs unit in a block of flats, with no private outdoor space, and that the only available grass area is a shared communal space. The landlord says that the dogs have been observed defecating in those shared areas, that the tenant has not cleaned up after them, and that this has caused distress and nuisance to other residents and hindered contractors from performing regular lawn and garden maintenance.

The landlord issued multiple breach notices. The first notices were sent on 20 May 2025 and 10 June 2025. A further 14-day notice was issued on 27 June 2025. These notices identified the breach (keeping dogs without consent) and provided a reasonable period for the tenant to remedy the issue. Despite this, the landlord says that the tenant has not removed the dogs from the property. A further notice was sent on 14 July 2025 advising that the breach remained unremedied.

The property manager gave direct evidence that she personally visited the premises and sighted the dogs on the balcony of the unit. She also reported continuing complaints from neighbours about barking, defecation in communal areas, and intimidation caused by the dogs to residents and contractors. While the neighbours were unwilling to provide photographic evidence due to safety concerns, their complaints were conveyed to the landlord and form part of the evidential record.

The landlord further referred to clause 8.0 of the tenancy agreement, which expressly prohibits the keeping of any pet without written approval. No such approval was sought or granted.

I am satisfied that the tenant has breached the tenancy agreement by keeping dogs at the property without the landlord’s consent. The tenancy agreement clearly required written approval for any pets to be kept, and no such approval was obtained.

I am also satisfied that the breach was capable of remedy and that the landlord served valid 14-day notices, providing clear details of the breach and adequate time for the tenant to comply. Despite this, the evidence shows that the dogs remain at the property.

The continued presence of the dogs has caused ongoing nuisance to neighbours and hindered the performance of maintenance work. The communal nature of the outdoor space makes the premises unsuitable for keeping large dogs, and the landlord has received complaints of barking, dog faeces, and intimidation. This adversely affects other residents’ enjoyment of the property and the landlord’s ability to meet its obligations to maintain the premises.

The tenant has failed to comply with multiple warnings and has not taken steps to remedy the breach. In light of the evidence, the nature and extent of the breach, and the failure to take remedial action, I am satisfied that it would be inequitable to refuse to terminate the tenancy if compliance is not achieved within a final timeframe.

Pursuant to section 56 of the RTA, I grant a conditional termination order. The tenant must remove all dogs from the premises by 5:00 pm on Wednesday 15 October 2025. If the tenant fails to comply with this order within 5 working days, the tenancy will automatically terminate, and the landlord will be entitled to possession of the premises without further application.

The Tribunal strongly encourages the tenant to comply with this order to avoid eviction.

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 the first breach. See section 64(4)(b) RTA.

As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5304240. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Community Housing	$28.00		Community Housing

[The tenant/s] must remove all dogs from the premises, Unit/Flat 12, 10 Hauiti Road, Otahuhu, Auckland 1062, by 5:00 pm on Wednesday 15 October 2025.

[The tenant/s] must pay Community Of Refuge Trust Trading As Cort Community Housing $28.00 immediately, being reimbursement of the filing fee.

Reasons

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

Should the tenancy be terminated?

The landlord further referred to clause 8.0 of the tenancy agreement, which expressly prohibits the keeping of any pet without written approval. No such approval was sought or granted.

The Tribunal strongly encourages the tenant to comply with this order to avoid eviction.

As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5304240 — 14-day notice at Unit/Flat 12, 10 Hauiti Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5304240 — 14-day notice at Unit/Flat 12, 10 Hauiti Road, Otahuhu, Auckland 1062

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions