What was the outcome of Tenancy Tribunal case 4704689?

The tribunal order states: This Order amends that issued on 20 February 2024 by amending the date of

How much money was awarded in case 4704689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4704689?

The primary dispute was 14-day notice. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4704689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9984937-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4704689?

The tribunal order states: This Order amends that issued on 20 February 2024 by amending the date of

How much money was awarded in case 4704689?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4704689?

The primary dispute was 14-day notice. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4704689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9984937-Tribunal_Order.pdf.

14 Hamilton Street, Pahiatua, Pahiatua 4910 Tenancy Tribunal Case 4704689 — 14-day notice

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

This Order amends that issued on 20 February 2024 by amending the date of termination. In all other respects, it remains the same.

The tenancy of Michelle Wilks at 14 Hamilton Street, Pahiatua, Pahiatua 4910 is terminated and possession is granted to Trust House Limited, at 11.59 pm Friday 1 March 2024.

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned twice but did not answer. Messages were left.

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.

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 was not at the property to allow access to the landlord on 11 January 2024 as required in the Tribunal’s previous order of 20 December 2023. Nor has the tenant cleared up the section and removed all of the cars as required in the landlord’s notice of 5 October 2023.

It would be inequitable to refuse to terminate the tenancy because: a. The tenant has been given more a significantly lengthy period within which to comply with the landlord’s notice. b. The tenant has not complied with the Order of the Tribunal directing that access be granted to the landlord. c. In denying the landlord access for an inspection, the tenant is in breach of section 48(4)(b) RTA which is an unlawful act. d. The Tribunal’s order 4435540 of 26 January 2023 granted a conditional termination allowing the tenant time to remedy the matters in an earlier notice of breach issued by the landlord in relation to the same issues. e. The landlord’s insurance cover on the property is in jeopardy because of its inability to carry out a routine inspection. f. The tenant is preventing the landlord carrying out works required to bring the property up to Healthy Homes Standards.

In summary, the landlord has done its best to work with the tenant to have these serious issues remedied but the tenant has neither co-operated nor communicated with the landlord. Termination must therefore be ordered so that the landlord can take possession of the property.

Order

This Order amends that issued on 20 February 2024 by amending the date of termination. In all other respects, it remains the same.

The tenancy of Michelle Wilks at 14 Hamilton Street, Pahiatua, Pahiatua 4910 is terminated and possession is granted to Trust House Limited, at 11.59 pm Friday 1 March 2024.

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned twice but did not answer. Messages were left.

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.

Tenancy Tribunal case 4704689 — 14-day notice at 14 Hamilton Street, Pahiatua, Pahiatua 4910

At a glance

Tenancy Tribunal case 4704689 — 14-day notice at 14 Hamilton Street, Pahiatua, Pahiatua 4910

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions