Tenantcheck Insights · Case study
Tenancy Tribunal case 5452436 — Tenancy dispute at 12 Birchfield Road, Hauraki, Auckland 0622
Decided 23 March 2026 · Published 23 March 2026 · Application 5452436
At a glance
Key facts from the published tribunal order.
Outcome
Dismissed
From published order
Location
Auckland
Tribunal region
Adjudicator
S Young
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 application is dismissed.
Reasons
- The landlord attended the remote hearing.
- The tenant did not attend the hearing but provided a statement to the Tribunal which was considered in coming to this decision.
- 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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
- However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
- The landlord says that the tenant has breached their obligations by creating noise in various forms including shouting, yelling, swearing and loud music.
- The complaints are in my view all capable of remedy and as the landlord has not served a breach notice under s.56 RTA, the application is dismissed.
- The issues complained of may have fallen within the Anti-Social legislation under s.55A RTA, but for this being a fixed term tenancy. That legislation does not apply to fixed term tenancies.
- The tenants should be aware of their obligations to comply both with the RTA and the terms of their tenancy agreement. A failure to do so will no doubt result in the landlord issuing a 14-day breach notice, which would place their tenancy at risk.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s56(1)
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5452436?
The tribunal order states: The application is dismissed.
How much money was awarded in case 5452436?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5452436?
The dispute type was not classified.
Where can I read the official tribunal order for case 5452436?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13327393-Tenancy_Tribunal_Order.pdf.