Tenantcheck Insights · Case study
Tenancy Tribunal case 5442280 — 14-day notice at Unit/Flat Flat 5, 397 Massey Road, Mangere East, Auckland
Decided 4 May 2026 · Published 4 May 2026 · Application 5442280
Mixed / unclear
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
M Feist
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
- Lavauney Della Tupaea must remove the roof/pergola structure over the deck at the property by Wednesday 1 July 2026.
- If the tenant fails to remove the roof/pergola structure over the deck at the property by Friday 3 July 2026 the tenancy at Unit/Flat 5, 397 Massey Road, Mangere East, Auckland 2024 will terminate and the landlord will have immediate possession of the premises.
Reasons
- On 11 February 2026, the landlord filed an application seeking a conditional termination of the tenancy for breach of the tenant’s obligations under the Residential Tenancies Act 1986 (the “Act”) and the tenancy agreement.
- The hearing proceeded by way of video conference. Ms Susan Rae, Senior Tribunal Adviser, appeared for the landlord. The tenant appeared.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The tenant wants to remedy the breach to avoid immediate 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) of the Act.
- The tenant breached their obligations by erecting a structure over the properties deck without written permission. This breaches section 42 of the Act which states: (1) The tenant shall not affix any fixture to the premises, or make any renovation, alternation, or addition of to the premises, except – a. In accordance with the tenancy agreement; or b. With the prior written consent of the landlord. This also breaches section 30 of the tenancy agreement which states: Building other structures or making alternations at the premises
- If you want to build structures, such as sheds, sleepouts, or garages on the premises, or make any alterations to it, you must first get our written permission.
- The landlord served a three 14-day breach notices on the tenant requiring them to remove the illegal structure at the address (over the deck area): a. The first notice was issued on 7 August 2025 and expired 25 August. The breach was not remedied. b. The second notice was issued on 28 August 2025 and expired on 18 September 2025. The breach was not remedied. c. The third notice was issued on 30 January 2026 and expired on 16 February 2026. The breach was not remedied.
- The parties have met to discuss either bringing the structure up to code or removing the structure.
- At the hearing, the tenant told the Tribunal that she is prepared to remove the structure over the deck. However, the tenant told the Tribunal she in impecunious and needs an Order from the Tribunal to evidence a hardship application for a withdrawal of funds from her KiwiSaver account to pay for the work. The tenant said that she has had a quote of $1,500.00 for the demolition work to be completed.
- Having heard from the parties and considering all of the evidence the Tribunal finds the tenant breached section 30 of her tenancy agreement and section 42 of the Act. The landlord has issued three 14-day breach notices but these have not remedied within the required period. An independent building report has determined the deck roof structure does not comply with the New Zealand Building Code and that the lack of proper anchorage for both rafter and posts presents a potential hazard in high wind uplift scenarios. Having found the tenant has breached their obligations it would be inequitable to refuse to terminate the tenancy
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will remove the roof/pergola structure over the deck at the property by Friday 3 July 2026 and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) of the Act.
- 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) of the Act.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s30, s42, s56(1), s64(4), s78(3)
Key findings
- Dispute theme: termination 14day
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5442280?
The tribunal order states: Lavauney Della Tupaea must remove the roof/pergola structure over the deck at
How much money was awarded in case 5442280?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5442280?
The primary dispute was 14-day notice.
Where can I read the official tribunal order for case 5442280?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13533553-Tenancy_Tribunal_Order.pdf.