Tenantcheck Insights · Case study
Tenancy Tribunal case 5412512 — 14-day notice at 28 Jackson Street, Kaiti, Gisborne 4010
Published 18 February 2026 · Application 5412512
Mixed / unclear
- 14-day notice
- State of repair
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Gisborne
Tribunal region
Adjudicator
T Baker
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 Tribunal finds that the tenant has breached their obligations under the tenancy agreement and the Residential Tenancies Act 1986 by failing to keep the premises reasonably clean and tidy.
- The Tribunal orders, pursuant to section 56(1) of the Residential Tenancies Act 1986, that the tenant must remedy this breach by cleaning up the property and ensuring that the premises are left in a reasonably clean and tidy condition within 28 days of the date of this order, that is by 5pm 18 March 2026. In particular, the tenant must ensure: a. All inorganic waste has been removed from the property b. The lawns are fully mowed c. All garden beds are weeded d. All green waste is removed from the property e. The living/dining areas are cleared of all excess items f. The walls, ceilings and windows in living, kitchen and dining areas have been cleaned.
- If the tenant fails to remedy the breach by 5pm 18 March 2026, or if the same breach occurs again within 90 days of this order, the tenancy will be terminated by the landlord giving 7 days’ notice, and possession granted to the landlord.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. They seek a conditional termination.
- In order to make an order for a conditional termination, there must first be grounds for a termination.
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.
- 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 tenant has breached their obligations by failing to keep the premises reasonably clean and tidy and maintain the grounds. The landlord has taken photographs of the premises showing overgrown lawns and gardens, with rubbish and debris outside. In the living areas items are piled high.
- This is a breach of her obligations under section 40 of the Residential Tenancies Act 1986.
- The landlord has been trying to engage with the tenant and support agencies to rectify the issue.
- On 30 July 2025 the landlord served a 14-day notice requiring the tenant to: a. mow the lawns b. remove all rubbish c. remove the chickens d. thoroughly clean the deck e. clear and clean the clutter in the living room f. clean the walls and ceilings inside the home.
- A further 14-day notice was issued on 11 September 2025 requiring the tenant to: a. Mow the lawns b. Dispose of all green waste from the property c. Remove all inorganic waste from the property d. Weed all garden beds e. Clear living/dining areas of all excess items f. Clean all walls, ceilings and windows in living, kitchen and dining areas.
- An inspection undertaken on 30 September 2025 shows that the lawns were very overgrown, there are many items strewn around the property, one half of the living room is full of furniture and other items jammed up against each other.
- The landlord describes the situation as follows: The exterior of Ms Porou’s property is significantly overgrown with long grass and is littered with inorganic and organic waste, including scrap metal, wood and general household rubbish. There are three chickens on the property, which Kāinga Ora have not consented to. These chickens have been observed roaming freely inside the home, resulting in waste and mess both indoors and outdoors. The interior of the property is cluttered, untidy and unhygienic. There is clear evidence of poor cleaning.
- The photographs provided support that description, although the presence of chickens is not evident.
- The landlord provided photographs taken on 22 January 2026. The floorspaces of the living room, hallway and bedroom are cluttered with piles of clothes, books, and bags of items. There is very little visible floorspace.
- The outside areas are strewn with rubbish and items such as a bath, items of broken furniture and large, full black rubbish bags. The lawns are overgrown.
- In a further inspection report from 16 February 2026, it appears that some lawn- mowing has taken place, but some areas remain overgrown. Inorganic items remain. These include a fridge, a microwave, garden tools, bags of rubbish, tables, ladders. There are no recent photographs of the inside.
- I am satisfied that: a. the tenant has breached her obligations to keep the premises reasonably clean and tidy; b. this is a breach capable of remedy; c. she has been given a notice specifying the nature of the breach complained of and requiring her to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and d. she has not remedied the default within the required period.
- The requirements of section 56(1)(a) and (b) have been met.
- The next question is whether it be inequitable to refuse to terminate the tenancy (see section 56(1)(c)).
- In their submissions, Kāinga Ora acknowledged the challenges the tenant faces and emphasised that they do not wish to place judgment on Ms Porou’s circumstances. They say that the application is made in recognition of the need to protect the integrity of the property, ensure the safety of Ms Porou, her family and surrounding community, and uphold the obligations set out in the Residential Tenancies Act.
- The landlord says that while extensive support has been offered and continues to be available, Kāinga Ora must also act to preserve the asset, maintain safe living conditions, and hold tenants accountable to their responsibilities under the tenancy agreement. The landlord submits that the application reflects a balance between compassion for Ms Porou’s situation and the necessity of enforcing tenancy standards for the benefit of all parties involved.
- The landlord’s submissions are well pitched. The Tribunal has sympathy for Ms Porou’s circumstances, but the breaches of her obligations are significant and cannot continue. The extent of the accumulation of items, particularly inside, brings risks of harm, most importantly to the occupants. As Ms Davis said at the hearing, any emergency first responders would have difficulty accessing people inside to provide assistance.
- The other risk is damage to the premises. Again, the extent of the clutter makes it difficult for the landlord to properly inspect and maintain the premises. Damage or faults with the property (that may be no fault of the tenant) cannot be easily detected.
- The tenant has had over 7 months to try to remedy the situation. It appears some small improvements have been made. Ms Davis believes that the chickens have been removed and that some cleaning may have happened. As noted above, it appears that there may have been some lawnmowing, but until all the debris is removed from outside, the lawns cannot be properly mowed. The gardens have not been weeded.
- The situation cannot continue. I accept it would be inequitable to refuse to terminate the tenancy.
- However, the landlord would like to give the tenant one further opportunity to clean up the property. If she does not do so, the tenancy will be terminated on one week’s notice.
- The tenant has a further 28 days to do the following: a. Remove all inorganic waste from the property b. Mow the lawns c. Weed all garden beds d. Dispose of all green waste from the property e. Clear living/dining areas of all excess items f. Clean all walls, ceilings and windows in living, kitchen and dining areas.
- 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.
- Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s40, s56(1), s64(4)
Key findings
- Dispute theme: termination 14day
- Dispute theme: state of repair
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5412512?
The tribunal order states: The Tribunal finds that the tenant has breached their obligations under the
How much money was awarded in case 5412512?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5412512?
The primary dispute was 14-day notice. Related themes: State of repair, Cleanliness.
Where can I read the official tribunal order for case 5412512?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13145728-Tenancy_Tribunal_Order.pdf.