What was Tenancy Tribunal case 5527809 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5527809?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5527809?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5527809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14193964-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5527809 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5527809?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5527809?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5527809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14193964-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 4 Mill Lane, Whitiora, Hamilton 3200 Tenancy Tribunal Case 5527809 — Cleanliness

Tenantcheck Insights

Order

The application is dismissed.

The Tribunal declares that the tenant is not to smoke or vape or allow others to smoke or vape inside the premises in accordance with the provisions of the tenancy agreement. Failure to do so could result in a breach notice being issued and a further application being filed with the Tribunal for termination of the tenancy.

Reasons

On 27 July 2026 the landlord filed an application seeking a conditional termination order.

The hearing proceeded in person at the Hamilton Tenancy Tribunal hearing rooms. Ms Nicole Shea, Tenancy Team leader and Mr MD Islam, Tenancy Manager, appeared for the landlord.

The tenant failed to appear. The Tribunal was satisfied the tenant had been properly served with the notice of hearing and the case proceeded in their absence.

At the hearing the landlord confirmed they were not seeking termination of the tenancy. On that basis the Tribunal in unable to make a conditional termination order. The landlord’s evidence

The tenancy commenced on 23 November 2020 and is periodic.

The landlord provided a copy of the updated tenancy agreement dated signed by the parties on 20 October 2025.

Clause four of the updated tenancy agreement sated that there is to be: “No smoking inside the house; No vaping inside the house.”

The landlord states the tenant has breached this agreement by smoking inside the property. They say this is evidenced by the strong pungent cigarette odour, yellowing of the ceiling, walls and curtains, admissions by the tenant of smoking inside the premises, and witness statements.

The landlord has issued the tenant with three 14-day breach notices requiring him to stop smoking and vaping inside the property. The first notice was issued on 27 November 2025 and expired on 11 December 2025. The second notice was issued on 1 April 2026 and expired on 15 April 2026. The third notice was issued on 2 July 2026 and expired on 16 July 2026. The landlord claims the breach notices have not been remedied as the property retains a strong cigarette odour.

The problem for the landlord is that while they claim the breaches notices have not been remedied they unable to prove this on the current evidence. The landlord claims the tenant continues to smoke inside the property as evidence by the cigarette odour. It was accepted the cigarette odour is ingrained in the walls, ceiling, carpet, and curtains which have been stained yellow by nicotine residue. Until such cleaning occurs to remove the nicotine odour from these surfaces the landlord cannot rely on “smell alone” to prove the tenant is in breach of his obligations under the tenancy agreement.

However, having heard from the landlord I find that it is appropriate to make the declaration as specified in Order [2]. The tenant is reminded on their obligations under the tenancy agreement not to smoke or vape or allow others to smoke or vape inside the premises.

The Tribunal declines to make an order suppressing the parties details.

Order

The application is dismissed.

Reasons

On 27 July 2026 the landlord filed an application seeking a conditional termination order.

The hearing proceeded in person at the Hamilton Tenancy Tribunal hearing rooms. Ms Nicole Shea, Tenancy Team leader and Mr MD Islam, Tenancy Manager, appeared for the landlord.

The tenant failed to appear. The Tribunal was satisfied the tenant had been properly served with the notice of hearing and the case proceeded in their absence.

At the hearing the landlord confirmed they were not seeking termination of the tenancy. On that basis the Tribunal in unable to make a conditional termination order. The landlord’s evidence

The tenancy commenced on 23 November 2020 and is periodic.

The landlord provided a copy of the updated tenancy agreement dated signed by the parties on 20 October 2025.

Clause four of the updated tenancy agreement sated that there is to be: “No smoking inside the house; No vaping inside the house.”

The Tribunal declines to make an order suppressing the parties details.

Tenancy Tribunal case 5527809 — Cleanliness at Unit/Flat 8, 4 Mill Lane, Whitiora, Hamilton 3200

At a glance

Claims & awards

Tenancy Tribunal case 5527809 — Cleanliness at Unit/Flat 8, 4 Mill Lane, Whitiora, Hamilton 3200

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.