What was Tenancy Tribunal case 5507204 about?

The tribunal order states: Jayson James Nish & Clare Catherine Nish As Trustees For The Jj & Cc Nish

How much money was awarded in case 5507204?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5507204?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5507204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13720694-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5507204 about?

The tribunal order states: Jayson James Nish & Clare Catherine Nish As Trustees For The Jj & Cc Nish

How much money was awarded in case 5507204?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5507204?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5507204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13720694-Tenancy_Tribunal_Order.pdf.

68 Braemar Lauriston Road, Lauriston, RD 6, Lauriston Tenancy Tribunal Case 5507204 — 14-day notice

Order

Jayson James Nish & Clare Catherine Nish As Trustees For The Jj & Cc Nish Family Trust is granted possession of the premises at 68 Braemar Lauriston Road, Lauriston, RD 6, Lauriston 7776 immediately.

The hearing is adjourned for consideration of the remaining landlord claims.

If either party intends to produce any additional documents at the next hearing, they must send copies to Tenancy Services no later than 5 working days before the hearing.

If the landlord has any other claims, they must lodge those claims with Tenancy Services by no later than 5 working days before the hearing.

A further 90 minutes should be allowed for the next hearing of this matter, scheduled before me on the next available date.

Reasons

The landlord attended the remote hearing.

The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.

The landlord has applied for possession of the premises following the termination of the tenancy.

This was a service tenancy, the tenant being an employee of the landlord.

Section 53 Residential Tenancies Act 1986 (“RTA”) provides; 53 Special provisions for notice terminating service tenancies. (1) The landlord or the tenant may terminate a service tenancy by giving at least 14 days’ notice if the contract of service or, as the case requires, the contract for services has been terminated or either party has given notice to terminate that contract (subject to subsections (2) to (7). (2) Where the contract of service or, as the case requires, contract for services is terminated, or the tenant is transferred to another district, on less than 14 days’ notice, the landlord may terminate the service tenancy by the giving of notice of less than 14 days if – (a) the landlord believes on reasonable grounds that the tenant will cause substantial damage to the premises if the tenant is permitted to remain for 14 days; or (b) it is necessary for the conduct of the landlord’s business where the tenant was employed, that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days.

The tenant’s employment was terminated following a disciplinary investigation due to drugs being consumed by the tenant or being under the influence of drugs during work hours. The termination letter is dated 8 May 2026 and terminates the employment on that date with the tenancy to end at 5.00 pm on Wednesday 13 May 2026. The tenant remains at the premises.

The landlord relies on s.53(2)(a) and (b) RTA.

The landlord says that the tenant has already caused substantial damage. The landlord says that the carpet is heavily stained, the curtains are stained and pulled off the rail, a heat pump is broken, the surface to the fireplace is damaged and handle is missing, there are pen marks on the wall and a towel rail has been removed. The landlord believes that further damage will be caused. I find, given the level of damage that has already occurred, that it is reasonable for the landlord to consider that further substantial damage would have been caused if the tenant were permitted to remain for the full 14-day notice period.

The landlord operates a dairy farm. The nearest town is some 20 kilometres away. The hours of operation of the farm are such that a replacement employee needs to be appointed urgently. Accommodation on the farm is an essential requirement for any employee. I consider that the provisions of section 53 RTA allowing for a shorter termination have been made out by the landlord.

The tenancy ended on 13 May 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

The amount of time scheduled for this hearing was not enough to address all of the claims and evidence. The hearing of those other matters is adjourned.

The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.

Order

Jayson James Nish & Clare Catherine Nish As Trustees For The Jj & Cc Nish Family Trust is granted possession of the premises at 68 Braemar Lauriston Road, Lauriston, RD 6, Lauriston 7776 immediately.
The hearing is adjourned for consideration of the remaining landlord claims.
If either party intends to produce any additional documents at the next hearing, they must send copies to Tenancy Services no later than 5 working days before the hearing.
If the landlord has any other claims, they must lodge those claims with Tenancy Services by no later than 5 working days before the hearing.
A further 90 minutes should be allowed for the next hearing of this matter, scheduled before me on the next available date.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for possession of the premises following the termination of the tenancy.
This was a service tenancy, the tenant being an employee of the landlord.
Section 53 Residential Tenancies Act 1986 (“RTA”) provides; 53 Special provisions for notice terminating service tenancies. (1) The landlord or the tenant may terminate a service tenancy by giving at least 14 days’ notice if the contract of service or, as the case requires, the contract for services has been terminated or either party has given notice to terminate that contract (subject to subsections (2) to (7). (2) Where the contract of service or, as the case requires, contract for services is terminated, or the tenant is transferred to another district, on less than 14 days’ notice, the landlord may terminate the service tenancy by the giving of notice of less than 14 days if – (a) the landlord believes on reasonable grounds that the tenant will cause substantial damage to the premises if the tenant is permitted to remain for 14 days; or (b) it is necessary for the conduct of the landlord’s business where the tenant was employed, that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days.
The tenant’s employment was terminated following a disciplinary investigation due to drugs being consumed by the tenant or being under the influence of drugs during work hours. The termination letter is dated 8 May 2026 and terminates the employment on that date with the tenancy to end at 5.00 pm on Wednesday 13 May 2026. The tenant remains at the premises.
The landlord relies on s.53(2)(a) and (b) RTA.
The landlord says that the tenant has already caused substantial damage. The landlord says that the carpet is heavily stained, the curtains are stained and pulled off the rail, a heat pump is broken, the surface to the fireplace is damaged and handle is missing, there are pen marks on the wall and a towel rail has been removed. The landlord believes that further damage will be caused. I find, given the level of damage that has already occurred, that it is reasonable for the landlord to consider that further substantial damage would have been caused if the tenant were permitted to remain for the full 14-day notice period.
The landlord operates a dairy farm. The nearest town is some 20 kilometres away. The hours of operation of the farm are such that a replacement employee needs to be appointed urgently. Accommodation on the farm is an essential requirement for any employee. I consider that the provisions of section 53 RTA allowing for a shorter termination have been made out by the landlord.
The tenancy ended on 13 May 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
The amount of time scheduled for this hearing was not enough to address all of the claims and evidence. The hearing of those other matters is adjourned.
The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.

Tenancy Tribunal case 5507204 — 14-day notice at 68 Braemar Lauriston Road, Lauriston, RD 6, Lauriston

At a glance

Claims & awards

Tenancy Tribunal case 5507204 — 14-day notice at 68 Braemar Lauriston Road, Lauriston, RD 6, Lauriston

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions