How much money was awarded in case 4705769?

Ng Hand Charitable Trust On Friday 5…: $20.44 awarded to landlord

What type of tenancy dispute was case 4705769?

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

Where can I read the official tribunal order for case 4705769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9863609-Tribunal_Order.pdf.

How much money was awarded in case 4705769?

Ng Hand Charitable Trust On Friday 5…: $20.44 awarded to landlord

What type of tenancy dispute was case 4705769?

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

Where can I read the official tribunal order for case 4705769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9863609-Tribunal_Order.pdf.

18 Jervis Street, Hillcrest, Rotorua 3015 Tenancy Tribunal Case 4705769 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4705769?

The tribunal order states: The Tenancy of Danilla Bradburn at 18 Jervis Street, Hillcrest, Rotorua 3015 is

Order

Claims and awards in Tenancy Tribunal application 4705769. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ng Hand Charitable Trust on Friday 5 January 2024. 2. Danilla Bradburn is to pay Visions Of A Helping Hand Charitable Tr	$20.44		ng Hand Charitable Trust on Friday 5 January 2024. 2. Danilla Bradburn is to pay Visions Of A Helping Hand Charitable Tr

The Tenancy of Danilla Bradburn at 18 Jervis Street, Hillcrest, Rotorua 3015 is terminated, and possession is granted to Visions Of A Helping Hand Charitable Trust on Friday 5 January 2024.

Danilla Bradburn is to pay Visions Of A Helping Hand Charitable Trust $20.44 (application filing fee) immediately.

Reasons

Both parties attended the hearing.

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: s 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 landlord served a 14-day notice on the tenant on 6 September 2023, noting breaches and requiring the tenant to do as follows: a. Keep the premises reasonably clean and reasonably tidy - s 40(1)(c): i. Clean fly marks from the light fittings and HRV panels throughout. ii. Clean window sills in the lounge. iii. Clean outside of the oven door. iv. First bedroom - Clean the fire residue from the walls and ceiling. v. Second bedroom - Clean scribble marks off the light switch. vi. End Bedroom - Fold and stack clothes left on the floor so I can see most of the floor when inspecting. vii. Clean graffiti off the concrete wall. viii. Pick up rubbish and items from around the outside of the property b. Repair damage – s 40(2)(a) intentional or careless damage as follows: i. Hole in door by rear door. ii. Hole behind front door. iii. Small hole in hallway wall. iv. Hole opposite front door. v. Plaster patch in door in the middle room. vi. Hole on inside wall in middle room.

The landlord required the repairs to be completed to a tradesmen like standard.

The tenant did not remedy all of the breaches within the required period. The landlord returned to the premises on 25 September 2023 and, while the Tenant claims the cleanliness issues were dealt with, she acknowledges the repairs were not completed to a tradesmen like standard.

It would be inequitable to refuse to terminate the tenancy because: a. The Landlord has presented several inspection reports, breach notices and file notes, from regular, routine inspections throughout the tenancy, which show the Tenant has often struggled to keep the premises reasonably clean and tidy and has not kept up with the cleaning unless faced with the prospect of termination (14-day notice). b. Despite the Landlord’s efforts to instruct the Tenant on how to keep the premises reasonably clean and tidy, by sending staff to show her how to clean, and to provide further learning opportunities for better home management, the Tenant has fallen behind on more than one occasion Landlord has had to commit considerable resources to helping tenant to comply with her obligations. c. The Tenant has not reinstated the premises to a property tradesmen like standard with several holes having incomplete or inadequate repairs. d. The number of holes (the most recent hole occurring three months’ ago) coupled with an entry in the Landlord’s records wherein the Tenant acknowledges one of her children has anger issues and is receiving counselling (2022), as a reason for the holes, suggests the issue of holes appearing in walls will continue. Past behaviour is the best indicator of future behaviour, and in the absence of evidence from the Tenant that preventative measures are in place to stop further damage, on balance, I am persuaded by the Landlord’s submission that the Tenant’s breaches will continue.

Because Visions Of A Helping Hand Charitable Trust has wholly succeeded with the claim I must reimburse the filing fee. Corrigendum

Correction to Order of 7 December 2023. Termination date of 5 January 2023 to 5 January 2024.

Claims and awards in Tenancy Tribunal application 4705769. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ng Hand Charitable Trust on Friday 5 January 2024. 2. Danilla Bradburn is to pay Visions Of A Helping Hand Charitable Tr	$20.44		ng Hand Charitable Trust on Friday 5 January 2024. 2. Danilla Bradburn is to pay Visions Of A Helping Hand Charitable Tr

Order

The Tenancy of Danilla Bradburn at 18 Jervis Street, Hillcrest, Rotorua 3015 is terminated, and possession is granted to Visions Of A Helping Hand Charitable Trust on Friday 5 January 2024.
Danilla Bradburn is to pay Visions Of A Helping Hand Charitable Trust $20.44 (application filing fee) immediately.

Reasons

Both parties attended the hearing.
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: s 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 landlord served a 14-day notice on the tenant on 6 September 2023, noting breaches and requiring the tenant to do as follows: a. Keep the premises reasonably clean and reasonably tidy - s 40(1)(c): i. Clean fly marks from the light fittings and HRV panels throughout. ii. Clean window sills in the lounge. iii. Clean outside of the oven door. iv. First bedroom - Clean the fire residue from the walls and ceiling. v. Second bedroom - Clean scribble marks off the light switch. vi. End Bedroom - Fold and stack clothes left on the floor so I can see most of the floor when inspecting. vii. Clean graffiti off the concrete wall. viii. Pick up rubbish and items from around the outside of the property b. Repair damage – s 40(2)(a) intentional or careless damage as follows: i. Hole in door by rear door. ii. Hole behind front door. iii. Small hole in hallway wall. iv. Hole opposite front door. v. Plaster patch in door in the middle room. vi. Hole on inside wall in middle room.
The landlord required the repairs to be completed to a tradesmen like standard.
The tenant did not remedy all of the breaches within the required period. The landlord returned to the premises on 25 September 2023 and, while the Tenant claims the cleanliness issues were dealt with, she acknowledges the repairs were not completed to a tradesmen like standard.
It would be inequitable to refuse to terminate the tenancy because: a. The Landlord has presented several inspection reports, breach notices and file notes, from regular, routine inspections throughout the tenancy, which show the Tenant has often struggled to keep the premises reasonably clean and tidy and has not kept up with the cleaning unless faced with the prospect of termination (14-day notice). b. Despite the Landlord’s efforts to instruct the Tenant on how to keep the premises reasonably clean and tidy, by sending staff to show her how to clean, and to provide further learning opportunities for better home management, the Tenant has fallen behind on more than one occasion Landlord has had to commit considerable resources to helping tenant to comply with her obligations. c. The Tenant has not reinstated the premises to a property tradesmen like standard with several holes having incomplete or inadequate repairs. d. The number of holes (the most recent hole occurring three months’ ago) coupled with an entry in the Landlord’s records wherein the Tenant acknowledges one of her children has anger issues and is receiving counselling (2022), as a reason for the holes, suggests the issue of holes appearing in walls will continue. Past behaviour is the best indicator of future behaviour, and in the absence of evidence from the Tenant that preventative measures are in place to stop further damage, on balance, I am persuaded by the Landlord’s submission that the Tenant’s breaches will continue.
Because Visions Of A Helping Hand Charitable Trust has wholly succeeded with the claim I must reimburse the filing fee. Corrigendum
Correction to Order of 7 December 2023. Termination date of 5 January 2023 to 5 January 2024.

Tenancy Tribunal case 4705769 — 14-day notice at 18 Jervis Street, Hillcrest, Rotorua 3015

At a glance

Tenancy Tribunal case 4705769 — 14-day notice at 18 Jervis Street, Hillcrest, Rotorua 3015

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