Published tribunal order
Tenancy Tribunal case 4553073 — Property damage at Unit/Flat 2, 54 Ambler Avenue, Glen Eden, Auckland 0602
Decided 19 Aug 2023 · Published 19 Aug 2023 · Application 4553073
Mixed / unclear
- Property damage
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- The tenant must carry out the following work to the premises, which must be completed by 8 th September 2023: a. Repair the holes in doors and walls.
- As an alternative to compliance with Order 2, the tenant must pay the landlord $3,000.00 immediately.
- If the tenant fails to comply with either Order 2 or 3 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $3,000.00. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- The landlord attended the hearing on 17 th August 2023. The tenant did not.
- 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 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.
- The tenant has breached their obligations by having a pet dog contrary to the tenancy agreement, removing curtains, damaging a glass pane and removing a wooden frame in the carport.
- The landlord served a 14-day notice on the tenant on 3 rd March 2023, and the tenant did not remedy the breach within the required period.
- The landlord sent a further email on 12 th April 2023 to the tenant highlighting further issues regarding a missing hallway door, damaged carpet and holes in doors and walls.
- At the time of the hearing, the landlord said that at the most recent inspection on 7 th August 2023, that there was no dog, that there were no issues with the curtains or the carport.
- Despite not being remedied within the 14-days, as there was only the missing glass pane in the sliding door from the 14-day notice, I find that it would not be inequitable to refuse to terminate the tenancy.
- Therefore, I decline to grant the landlord’s application for termination.
- However, as the tenant has failed their obligation under section 40 RTA by damaging the premises, I make a work order under section 78(1)(e) RTA.
- The photos provided by the landlord showed holes in walls and doors still.
- As the work order is not being made by consent of both parties, I must also make a monetary order as an alternative to compliance with the work order.
- A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) RTA.
- I order the tenant to repair the holes in doors and walls by 8 th September 2023.
- Alternatively, the tenant must pay the landlord $3,000.00 immediately.
- If the tenant fails to either repair the holes or pay the landlord $3,000.00, then the landlord may undertake the work and charge the tenant the costs of this work up to $3,000.00. These costs may be treated as rent in arrears and enforced accordingly. Filing fee reimbursement and name suppression
- As the landlord’s application for termination had been unsuccessful, I do not consider that the tenant should reimburse the filing fee.
- I do not make any orders for suppression.