What was Tenancy Tribunal case 5484653 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5484653?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5484653?

The dispute type was not classified.

Where can I read the official tribunal order for case 5484653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13526755-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5484653 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5484653?

Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5484653?

The dispute type was not classified.

Where can I read the official tribunal order for case 5484653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13526755-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5484653 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5484653 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Otautahi Community Housing Trust, immediately
[The tenant/s] must pay Otautahi Community Housing Trust $28.00 immediately, calculated as shown in the table below: DescriptionLandlord Filing fee reimbursement$28.00 Total award$28.00 Total payable by Tenant to Landlord$28.00

Reasons

Mr Olds and Mr Woodbury appeared for the landlord by video. The tenant did not join the video link at the scheduled time. The Tribunal called the tenant twice on the phone number provided, but both calls went to voicemail. The matter has proceeded in the tenant’s absence.
On 18 March 2026, Mr Woodbury conducted an inspection of the property. The inspection revealed extensive damage to the walls throughout the property, along with significant clutter.
Photographs taken during the inspection have been provided. There are large holes in internal walls with exposed electrical wiring, as well as several other holes near electrical sockets and light switches.
Mr Woodbury stated that the tenant advised the damage occurred during a period of mental unwellness.
Concerned that the damage was substantial and extremely dangerous, creating a fire risk, with the clutter also impeding any escape from fire, the landlord issued a seven-day notice on 23 March 2026 to terminate the tenancy on 02 April 2026.
The landlord states the notice was delivered to the tenant’s letter box. The tenant has acknowledged but has refused to comply with the notice.
On 8 April 2026, the landlord filed an application to terminate the tenancy on two grounds: firstly, termination on the basis that the tenant had caused substantial damage, and secondly, for possession of the property following the issue of the 7-day notice.
The landlord acknowledges the tenant’s vulnerability but must act to ensure the tenant’s safety and those residing nearby.
The landlord has produced the tenancy agreement, a signed statement from Mr Woodbury, who has also given evidence, the termination notice, and photographs of the property taken during the inspection on 18 March 2026. Law
Under section 55(1)(b) of the Residential Tenancies Act 1986 (Act), the Tribunal must terminate a tenancy if the tenant has caused, or allowed someone else to cause, substantial damage to the property. Section 55(2) states that the Tribunal may decline to terminate the tenancy under section 55(1) only if the breach has been remedied, the landlord has been compensated for their loss, and it is unlikely that a similar breach will occur again.
Section 59A of the Act provides that if a tenant breaches the tenancy agreement by destroying the property, or causes serious damage, making the property uninhabitable, the landlord may give the tenant 7 days’ notice to terminate the tenancy.
Substantial and unhabitable damage is not defined in the Act. In my view substantial damage refers to damage that is significant in nature, going beyond minor or superficial harm. It means damage that seriously affects the structure, safety, or use of the property.
Uninhabitable means the property is no longer fit to be lived in. This could be due to safety risks, health hazards, or the property not meeting basic living standards (such as having no running water, electricity, or being structurally unsafe).
Under section 45(1)(b) and 45(1)(c) of the Act the landlord must maintain the property in a reasonable state of repair and comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises. A failure to do so is an unlawful act for which exemplary damages may be awarded against the landlord.
Section 136(7) provides that if a document is delivered to an address in accordance with the Act, it is presumed to have been served on the second working day after delivery, unless there is evidence to the contrary Analysis and decision
Having heard from Mr Olds and Mr Woodbury and considered the photographic evidence, I am satisfied that the tenant is responsible for damage that can objectively be described as substantial.
None of the factors in section 55(2) apply. The Tribunal must therefore terminate the tenancy under section 55(1)(b) of the Act.
I am also satisfied that under section 59A of the Act, the damage caused by the tenant is serious, including exposed electrical wiring that creates a fire and or electrocution risk posing a serious risk of death or serious injury to the tenant, rendering the property uninhabitable. The notice has been properly served and is valid. There is no evidence to rebut the presumption of service.
To terminate the tenancy, only one of the statutory provisions relied on must apply.
In this case, both provisions apply.
Accordingly, the tenancy is terminated, and possession is granted to Otautahi Community Housing Trust immediately. Costs
Because Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
Although they have been wholly successful, and are entitled to name suppression, the landlord does not seek it, and no orders are made.
Section 95A (4) of the Act provides the Tribunal, on its own initiative, having regard to the interest of the parties and the public interest, may order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
Although the tenant has not been substantially successful, I am satisfied there are sufficient grounds relating to their health and wellbeing to order suppression of their name and the address of the property.

Claims and awards in Tenancy Tribunal application 5484653 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to Otautahi Community Housing Trust, immediately
[The tenant/s] must pay Otautahi Community Housing Trust $28.00 immediately, calculated as shown in the table below: DescriptionLandlord Filing fee reimbursement$28.00 Total award$28.00 Total payable by Tenant to Landlord$28.00

Reasons

Mr Olds and Mr Woodbury appeared for the landlord by video. The tenant did not join the video link at the scheduled time. The Tribunal called the tenant twice on the phone number provided, but both calls went to voicemail. The matter has proceeded in the tenant’s absence.
On 18 March 2026, Mr Woodbury conducted an inspection of the property. The inspection revealed extensive damage to the walls throughout the property, along with significant clutter.
Photographs taken during the inspection have been provided. There are large holes in internal walls with exposed electrical wiring, as well as several other holes near electrical sockets and light switches.
Mr Woodbury stated that the tenant advised the damage occurred during a period of mental unwellness.
Concerned that the damage was substantial and extremely dangerous, creating a fire risk, with the clutter also impeding any escape from fire, the landlord issued a seven-day notice on 23 March 2026 to terminate the tenancy on 02 April 2026.
The landlord states the notice was delivered to the tenant’s letter box. The tenant has acknowledged but has refused to comply with the notice.
On 8 April 2026, the landlord filed an application to terminate the tenancy on two grounds: firstly, termination on the basis that the tenant had caused substantial damage, and secondly, for possession of the property following the issue of the 7-day notice.
The landlord acknowledges the tenant’s vulnerability but must act to ensure the tenant’s safety and those residing nearby.
The landlord has produced the tenancy agreement, a signed statement from Mr Woodbury, who has also given evidence, the termination notice, and photographs of the property taken during the inspection on 18 March 2026. Law
Under section 55(1)(b) of the Residential Tenancies Act 1986 (Act), the Tribunal must terminate a tenancy if the tenant has caused, or allowed someone else to cause, substantial damage to the property. Section 55(2) states that the Tribunal may decline to terminate the tenancy under section 55(1) only if the breach has been remedied, the landlord has been compensated for their loss, and it is unlikely that a similar breach will occur again.
Section 59A of the Act provides that if a tenant breaches the tenancy agreement by destroying the property, or causes serious damage, making the property uninhabitable, the landlord may give the tenant 7 days’ notice to terminate the tenancy.
Substantial and unhabitable damage is not defined in the Act. In my view substantial damage refers to damage that is significant in nature, going beyond minor or superficial harm. It means damage that seriously affects the structure, safety, or use of the property.
Uninhabitable means the property is no longer fit to be lived in. This could be due to safety risks, health hazards, or the property not meeting basic living standards (such as having no running water, electricity, or being structurally unsafe).
Under section 45(1)(b) and 45(1)(c) of the Act the landlord must maintain the property in a reasonable state of repair and comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises. A failure to do so is an unlawful act for which exemplary damages may be awarded against the landlord.
Section 136(7) provides that if a document is delivered to an address in accordance with the Act, it is presumed to have been served on the second working day after delivery, unless there is evidence to the contrary Analysis and decision
Having heard from Mr Olds and Mr Woodbury and considered the photographic evidence, I am satisfied that the tenant is responsible for damage that can objectively be described as substantial.
None of the factors in section 55(2) apply. The Tribunal must therefore terminate the tenancy under section 55(1)(b) of the Act.
I am also satisfied that under section 59A of the Act, the damage caused by the tenant is serious, including exposed electrical wiring that creates a fire and or electrocution risk posing a serious risk of death or serious injury to the tenant, rendering the property uninhabitable. The notice has been properly served and is valid. There is no evidence to rebut the presumption of service.
To terminate the tenancy, only one of the statutory provisions relied on must apply.
In this case, both provisions apply.
Accordingly, the tenancy is terminated, and possession is granted to Otautahi Community Housing Trust immediately. Costs
Because Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that their name or identifying particulars of that party not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
Although they have been wholly successful, and are entitled to name suppression, the landlord does not seek it, and no orders are made.
Section 95A (4) of the Act provides the Tribunal, on its own initiative, having regard to the interest of the parties and the public interest, may order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
Although the tenant has not been substantially successful, I am satisfied there are sufficient grounds relating to their health and wellbeing to order suppression of their name and the address of the property.

Tenancy Tribunal case 5484653 — Tenancy dispute

At a glance

Tenancy Tribunal case 5484653 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions