What was the outcome of Tenancy Tribunal case 4583332?

The tribunal order states: The Tribunals order from 10 August 2023 is amended to record that the tenancy

How much money was awarded in case 4583332?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4583332?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4583332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9591809-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4583332?

The tribunal order states: The Tribunals order from 10 August 2023 is amended to record that the tenancy

How much money was awarded in case 4583332?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4583332?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4583332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9591809-Tribunal_Order.pdf.

Unit/Flat 1, 45 Templeton Place, Clendon Park, Auckland Tenancy Tribunal Case 4583332 — 14-day notice

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Reasons

On 10 August 2023 the Tribunal issued a decision, which ordered that the tenant to pay money to the landlord. However, as could be seen in the reasoning for that order, the Tribunal had intended to also order termination of the tenancy, and I note for example the reasoning included the following: For the reasons as I will set out below, I have ordered termination of the tenancy, and ordered compensation be provided for damage to the premises, which is to come out of the bond. ... Application for termination of tenancy The landlord has applied for an order terminating the tenancy due to damage to the premises and the tenant’s failure to comply with 14-day notices. The evidence is that over the course of the tenancy, there has been wide ranging damage to the premises. That includes two broken windows, holes caused to exterior walls, and multiple holes caused to internal walls. Some holes have been filled with what appears to be expanding foam, which is not a tradesman like repair. The evidence also shows that there is extensive rubbish on the premises, and the rubbish has not been removed despite 14 day notices from the landlord. Section 55 of the Residential Tenancies Act 1986 (RTA) allows the Tribunal to order termination when there has been substantial damage to the premises. Taking into account what is extensive damage, I am satisfied that falls within the category of being substantial damage, and of an extent to order termination of the tenancy under section 55. Termination is accordingly ordered. The landlord would have had grounds to have the tenancy terminated under section 56, relating to breaches of the tenancy agreement and RTA. The breaches would relate to the tenant damaging the premises, and also breaching the obligation to keep the premises reasonably tidy. The breachs were capable of remedy, the landlord gave 14 day notices to the tenant, but the tenant has not complied with those notices. It would be inequitable to decline termination, given the period of time over which these issues have arisen, and the fact the Tribunal could have no confidence that if the tenancy was not terminated, that the tenant would remedy those issues.

However when I drafted the order, I missed including the order for termination and possession at the head of the decision, as would normally be the case. The landlord applied for an eviction of the tenant, and the Bailiffs have quite fairly declined to enforce the eviction without that clause in the order. That error is corrected in this corrigendum, so the original order should be read as including an order granting immediate termination and possession of the premises to the landlord.

I thank the landlord for raising this issue with the Tribunal, and apologise for any inconvenience which arises.

Reasons

I thank the landlord for raising this issue with the Tribunal, and apologise for any inconvenience which arises.

Tenancy Tribunal case 4583332 — 14-day notice at Unit/Flat 1, 45 Templeton Place, Clendon Park, Auckland

At a glance

Tenancy Tribunal case 4583332 — 14-day notice at Unit/Flat 1, 45 Templeton Place, Clendon Park, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions