What was Tenancy Tribunal case 5361463 about?

The tribunal order states: [The tenant/s] is in breach of tenancy agreement by keeping her

How much money was awarded in case 5361463?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5361463?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5361463?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12807715-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5361463 about?

The tribunal order states: [The tenant/s] is in breach of tenancy agreement by keeping her

How much money was awarded in case 5361463?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5361463?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5361463?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12807715-Tenancy_Tribunal_Order.pdf.

14 Fulljames Avenue, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5361463 — 14-day notice

Order

[The tenant/s] is in breach of tenancy agreement by keeping her two dogs Lady and Bonnie at the tenancy without the landlord’s permission.

The parties have agreed that: a. Michelle will remove one dog from the property by the 20 January 2026 Michelle will get to choose which dog she removes; and b. Michelle is to have the remaining dog, microchipped, registered and desexed, and provide evidence that she has done so to Kāinga Ora by the 20 January 2026; and c. Michelle is to complete a Kāinga Ora consent form for the remaining dog by the 20 January 2026.

If the tenant fails to complete any of the obligations in 2 a-c by the 20 January 2026 then the tenancy at 14 Fulljames Avenue, Mount Roskill, Auckland 1041 will terminate and the landlord will have immediate possession of the premises.

This matter is determined as indicated by the orders above, but if there is any dispute over whether the tenant has fulfilled the conditions 2a-c above then the landlord is granted a period of until 1 February 2026 where the landlord can bring the matter back to the Tribunal for a determination as to whether the tenant has meet her obligations.

Reasons

Both parties attended today’s hearing.

The landlord has applied for termination of the tenancy because the tenant is keeping her two dogs at the property without the landlord’s consent.

The tenant has two dogs, Bonnie is a 3 year old boxer/ staffy cross and Lady is a 7 month Rhodesian Ridgeback puppy.

The tenant accepts that she is in breach of her tenancy agreement by having her two dogs, neither of which she obtained consent for from the landlord.

The landlord has given the tenant a s56 notice requiring her to remove the dogs and the tenant has not done so.

The landlord is open to the tenant keeping one dog, but not two. The property is not suitably fenced for two dogs, the landlord has received complaints from neighbours about the dogs toileting on their lawns.

The landlord requires the tenant to register, microchip and desex the dog that remains and to fill out a consent form so that the landlord has the dogs details on file.

The tenant has agreed to the conditional termination of her tenancy on the basis that she removes one dog, and desexes, microchips and registers the remaining dog and completes a pet consent form.

The tenant told me that her dogs are her companions, and she has made enquiries into rehoming Lady. She is hopeful of being able to do that soon. The tenant told me she likes living in her home and in her community and she appreciates that as the property is being fenced it is not really suitable for two dogs.

I have encouraged the tenant to attend to the rehoming of one dog and desexing, microchipping and registering of the remaining dog as soon as possible to avoid 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.

I record that I would have found that it was equitable to terminate the tenancy in these circumstances because the landlord has given the tenant plenty of opportunities to remedy the breach in a reasonable way, but the tenant has not done so. That being said I am satisfied after speaking to the tenant today that she wants to reman in her home and that she will take the necessary steps to remedy the breach and comply with the orders.

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) Residential Tenancies Act 1986.

Order

[The tenant/s] is in breach of tenancy agreement by keeping her two dogs Lady and Bonnie at the tenancy without the landlord’s permission.
The parties have agreed that: a. Michelle will remove one dog from the property by the 20 January 2026 Michelle will get to choose which dog she removes; and b. Michelle is to have the remaining dog, microchipped, registered and desexed, and provide evidence that she has done so to Kāinga Ora by the 20 January 2026; and c. Michelle is to complete a Kāinga Ora consent form for the remaining dog by the 20 January 2026.
If the tenant fails to complete any of the obligations in 2 a-c by the 20 January 2026 then the tenancy at 14 Fulljames Avenue, Mount Roskill, Auckland 1041 will terminate and the landlord will have immediate possession of the premises.
This matter is determined as indicated by the orders above, but if there is any dispute over whether the tenant has fulfilled the conditions 2a-c above then the landlord is granted a period of until 1 February 2026 where the landlord can bring the matter back to the Tribunal for a determination as to whether the tenant has meet her obligations.

Reasons

Both parties attended today’s hearing.
The landlord has applied for termination of the tenancy because the tenant is keeping her two dogs at the property without the landlord’s consent.
The tenant has two dogs, Bonnie is a 3 year old boxer/ staffy cross and Lady is a 7 month Rhodesian Ridgeback puppy.
The tenant accepts that she is in breach of her tenancy agreement by having her two dogs, neither of which she obtained consent for from the landlord.
The landlord has given the tenant a s56 notice requiring her to remove the dogs and the tenant has not done so.
The landlord is open to the tenant keeping one dog, but not two. The property is not suitably fenced for two dogs, the landlord has received complaints from neighbours about the dogs toileting on their lawns.
The landlord requires the tenant to register, microchip and desex the dog that remains and to fill out a consent form so that the landlord has the dogs details on file.
The tenant has agreed to the conditional termination of her tenancy on the basis that she removes one dog, and desexes, microchips and registers the remaining dog and completes a pet consent form.
The tenant told me that her dogs are her companions, and she has made enquiries into rehoming Lady. She is hopeful of being able to do that soon. The tenant told me she likes living in her home and in her community and she appreciates that as the property is being fenced it is not really suitable for two dogs.
I have encouraged the tenant to attend to the rehoming of one dog and desexing, microchipping and registering of the remaining dog as soon as possible to avoid 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.
I record that I would have found that it was equitable to terminate the tenancy in these circumstances because the landlord has given the tenant plenty of opportunities to remedy the breach in a reasonable way, but the tenant has not done so. That being said I am satisfied after speaking to the tenant today that she wants to reman in her home and that she will take the necessary steps to remedy the breach and comply with the orders.
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) Residential Tenancies Act 1986.

Tenancy Tribunal case 5361463 — 14-day notice at 14 Fulljames Avenue, Mount Roskill, Auckland 1041

At a glance

Claims & awards

Tenancy Tribunal case 5361463 — 14-day notice at 14 Fulljames Avenue, Mount Roskill, Auckland 1041

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

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions