What was the outcome of Tenancy Tribunal case 4597209?

The tribunal order states: The tenancy of Kevin Michael Barrett at 25 Charles Street, Grasmere,

How much money was awarded in case 4597209?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4597209?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4597209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9667931-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4597209?

The tribunal order states: The tenancy of Kevin Michael Barrett at 25 Charles Street, Grasmere,

How much money was awarded in case 4597209?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4597209?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4597209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9667931-Tenancy_Tribunal_Order.pdf.

25 Charles Street, Grasmere, Invercargill 9810 Tenancy Tribunal Case 4597209 — 14-day notice

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Reasons

Both parties attended the hearing. Mr Barrett had with him Ms Kooper who he advised was his flat mate. It transpired that there was no agreement to have Ms Kooper as a tenant and he advised she would then give evidence. She was asked to wait outside however left the building.

The landlord has applied for termination of the tenancy on the basis of damage having been caused on a number of occasions at the property.

Section 55(b) of the Residential Tenancies Act (the Act) provides for the termination of the tenancy on the basis of the tenant having caused or having permitted any other person, to cause substantial damage to the premises.

The evidence before me is that Mr Barrett had allowed Ms Kooper to reside at the property from May 2023 and the evidence is that since that time there has been damage to the property at every inspection. Doors have been kicked in and wall paper damage. Some of these matters have been addressed following the issuing of 14 day notices.

However, some damages have not been remedied and the landlord is concerned at the possible risk of allowing the tenancy to continue.

I am satisfied on the evidence that it would not be in in the interests of Justice to allow the tenancy to continue. On this evidence alone I am able to terminate the tenancy.

To note, there have been 14 day notices issued, however one was dated May 2023. This was for the breach of the tenancy agreement that related to Ms Kooper residing at the property.

There have been no further 14 day notices for this breach. Mr Barrett gave evidence that he understood she had filed an application to include her and that it was approved. Ms Kooper did not return to give that evidence.

In any even the termination is able to be granted on the basis of the damage and three 14 day notices within 90 days is not required. But I wish to note that the three notices from May until October have not been remedied in full.

In the interests of Justice, I must therefore terminate the tenancy on the basis of Section 55 (1)(b) of the Act

The bond shall remain at the bond centre until the application is filed for the clean up costs and damages after the tenant vacates or there is agreement to return the bond.

Reasons

The landlord has applied for termination of the tenancy on the basis of damage having been caused on a number of occasions at the property.

However, some damages have not been remedied and the landlord is concerned at the possible risk of allowing the tenancy to continue.

I am satisfied on the evidence that it would not be in in the interests of Justice to allow the tenancy to continue. On this evidence alone I am able to terminate the tenancy.

To note, there have been 14 day notices issued, however one was dated May 2023. This was for the breach of the tenancy agreement that related to Ms Kooper residing at the property.

In the interests of Justice, I must therefore terminate the tenancy on the basis of Section 55 (1)(b) of the Act

The bond shall remain at the bond centre until the application is filed for the clean up costs and damages after the tenant vacates or there is agreement to return the bond.

Tenancy Tribunal case 4597209 — 14-day notice at 25 Charles Street, Grasmere, Invercargill 9810

At a glance

Tenancy Tribunal case 4597209 — 14-day notice at 25 Charles Street, Grasmere, Invercargill 9810

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