How much money was awarded in case 5356351?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5356351?

The primary dispute was 14-day notice. Related themes: Property damage, Exemplary damages.

Where can I read the official tribunal order for case 5356351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12766683-Tribunal_Order.pdf.

How much money was awarded in case 5356351?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5356351?

The primary dispute was 14-day notice. Related themes: Property damage, Exemplary damages.

Where can I read the official tribunal order for case 5356351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12766683-Tribunal_Order.pdf.

26 Ellesmere Crescent, Highbury, Palmerston North 4412 Tenancy Tribunal Case 5356351 — 14-day notice

Q: What was Tenancy Tribunal case 5356351 about?

The tribunal order states: [The tenant/s] tenant/s] must dispose of all rubbish and clean the premises so that

Tenantcheck Insights

Order

This order replaces the one made on 5 November 2025. All references to Kitchen vinyl have been replaced with Laundry, in accordance with the evidence before the Tribunal. No other amendments have been made.

[The tenant/s] tenant/s] must dispose of all rubbish and clean the premises so that they are in a reasonably clean and tidy condition, ready for inspection no later than 2pm Tuesday 2 December 2025.

If [The tenant/s] tenant/s] fails to comply with order 1, the tenancy at 26 Ellesmere Crescent, Highbury, Palmerston North 4412 will terminate and possession granted to Kainga Ora Homes and Communities at 2pm on Wednesday 3 December 2025.

Reasons

The landlord attended the hearing via phone. There was no appearance for the tenant.

The landlord has applied for termination of the tenancy, but agrees to a conditional termination. The grounds for the application are: a. The premises are not in a reasonably clean and tidy state. The landlord has provided the tenant with opportunities to clear and clean the premises, but he has not done so. b. The tenant has ripped up the vinyl in the laundry. There is also evidence of a rusted basin in the bathroom. The landlord is concerned that there may be asbestos in the laundry and wants to inspect the premises and if necessary undertake repairs.

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 Act).

The tenant breached their obligations by not keeping the premises reasonably clean and tidy, as required by section 40 of the Act.

Breach notices were issued on 11 July and 30 August last year, and another one on 17 July 2025.

The photographs from an inspection report dated 19 August 2025 show that there is a considerable amount of rubbish throughout the property. There are buckets and open food items in the kitchen on the benches and floors. The state of the property is clearly not reasonably clean and tidy. The landlord’s description of the conditions as “squalid” and “unsanitary” is consistent with photographs.

Being a social housing agency, the landlord has tried to work with the tenant and provided evidence to the Tribunal that they have invited him to a meeting. He did not attend and has not remedied the situation.

The grounds for termination have been made out and it would be inequitable to refuse to terminate the tenancy. Allowing the situation to continue carries a risk of harm to the tenant and also to neighbours. The landlord also needs to ensure that their property is being maintained and not at risk of damage as a result of the unsanitary conditions.

I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. The tenant must comply with the following condition: a. [The tenant/s] tenant/s] must dispose of all rubbish and clean the premises so that they are in a reasonably clean and tidy condition, ready for inspection no later than 2.30 pm Tuesday 2 December 2025.

If he complies with that condition, the conditional termination order will lapse.

If the tenant does not comply with the condition, the tenancy is terminated and possession granted to the landlord the next day, 2.30pm Wednesday 3 December 2025.

The possession order is enforceable for 90 days from 3 December 2025. See section 64(4)(b) Residential Tenancies Act 1986.

The landlord is particularly concerned that the tenant has denied access to inspect and repair two items: a. the floor where vinyl has been ripped up. Based on the age of the property, the landlord believes it is likely that there is asbestos. The landlord wants to inspect and remedy the issue in case the tenant is exposed to a risk of harm. b. a very rusty basin in the bathroom. Again, there is a health and safety risk to the tenant.

Under section 48 of the Act, a landlord may enter the premises during the tenancy with the tenant's consent.

Section 48 says that the landlord does not require the tenant’s consent in a number of situations including: a. in an emergency. b. to inspect the premises, provided the landlord has given at least 48 hours’ notice and no more than 2 weeks’ notice. c. for the purpose of carrying out necessary repairs or maintenance provided the tenant has been given at least 24 hours’ notice. The repairs or maintenance must be between 8am and 7pm.

Under section 48 if the tenant does not allow the landlord entry, the tenant commits an unlawful act and may have to pay the landlord exemplary damages. The maximum under the Act is $1,500. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.

If the landlord gives the right notice and the tenant prevents the landlord from inspecting and/or repairing the floor and basin, the tenant may be liable to pay up to $1,500.

Order

[The tenant/s] tenant/s] must dispose of all rubbish and clean the premises so that they are in a reasonably clean and tidy condition, ready for inspection no later than 2pm Tuesday 2 December 2025.

Reasons

The landlord attended the hearing via phone. There was no appearance for the tenant.

Should a conditional termination order be made?

The tenant breached their obligations by not keeping the premises reasonably clean and tidy, as required by section 40 of the Act.

Breach notices were issued on 11 July and 30 August last year, and another one on 17 July 2025.

If he complies with that condition, the conditional termination order will lapse.

If the tenant does not comply with the condition, the tenancy is terminated and possession granted to the landlord the next day, 2.30pm Wednesday 3 December 2025.

The possession order is enforceable for 90 days from 3 December 2025. See section 64(4)(b) Residential Tenancies Act 1986.

Under section 48 of the Act, a landlord may enter the premises during the tenancy with the tenant's consent.

If the landlord gives the right notice and the tenant prevents the landlord from inspecting and/or repairing the floor and basin, the tenant may be liable to pay up to $1,500.

Tenancy Tribunal case 5356351 — 14-day notice at 26 Ellesmere Crescent, Highbury, Palmerston North 4412

At a glance

Tenancy Tribunal case 5356351 — 14-day notice at 26 Ellesmere Crescent, Highbury, Palmerston North 4412

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.