Published tribunal order
Tenancy Tribunal case 4671569 — Cleanliness at Unit/Flat W202A, 28 Torrens Terrace, Mount Cook,
Decided 21 Sept 2023 · Published 21 Sept 2023 · Application 4671569
Landlord favoured
- Cleanliness
- Property damage
- Unit Titles
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- The tenancy of Richie Burke at Unit/Flat W202A, 28 Torrens Terrace, Mount Cook, Wellington 6011, Revolucion Apartments is terminated, and possession is granted to [The landlord/s], at 5pm on 21 September 2023.
- The Bond Centre is to pay the bond of $1680.00 ([Bond number suppressed]) to [The landlord/s] immediately and the tenant must pay $478.44 to the landlord as set out below: Repairs: main entrance door of the complex$1,000.00 Repairs: courtyard door of the complex$1,000.00 Cleaning: of blood stains on outside walls$138.00 Filing fee reimbursement$20.44 Total award$2,158.44 Bond$1,680.00 Total payable by Tenant to Landlord$478.44
Reasons
- Only the landlord attended the hearing on 21 September 2023.
- The landlord has applied for damages and 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.
- Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
- However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate. The landlord has served 3 notices of breach to the tenant but the tenant’s behaviour was not abated.
- The tenant has breached his obligations by wilfully damaging the glass panel doors to the apartment complex without cause, walking around the public areas of the apartment complex fully unclothed on three occasions, disturbing the neighbours without cause and causing bloodstains to be on the walls of the common property of the apartment.
- Those breaches are not capable of remedy and it would be inequitable to refuse to terminate the tenancy.
- The repairs to the doors/glass panels are covered by the body corporate insurance, subject to an insurance excess of $1,000.00 for each door.
- The amounts ordered are proved. J Tam (Order reissued on) 19 October 2023