What was the outcome of Tenancy Tribunal case 4710090?

The tribunal order states: The tenancy of Malcolm Woolley at 42 Cardrona Close, Roslyn, Palmerston

How much money was awarded in case 4710090?

On Is Granted To Palmerston North Ci…: $20.44 awarded to landlord

What type of tenancy dispute was case 4710090?

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

Where can I read the official tribunal order for case 4710090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9727743-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4710090?

The tribunal order states: The tenancy of Malcolm Woolley at 42 Cardrona Close, Roslyn, Palmerston

How much money was awarded in case 4710090?

On Is Granted To Palmerston North Ci…: $20.44 awarded to landlord

What type of tenancy dispute was case 4710090?

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

Where can I read the official tribunal order for case 4710090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9727743-Tenancy_Tribunal_Order.pdf.

42 Cardrona Close, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 4710090 — 14-day notice

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42 Cardrona Close, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 4710090 — 14-day notice | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4710090. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
on is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023. 2. The tenant shall pay the land	$20.44		on is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023. 2. The tenant shall pay the land

Claims and awards for application 4710090. Verify on MoJ.

on is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023. 2. The tenant shall pay the land

Amount: $20.44
Awarded to: Landlord
Reason: on is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023. 2. The tenant shall pay the land

Order

The tenancy of Malcolm Woolley at 42 Cardrona Close, Roslyn, Palmerston North 4414 is terminated, and possession is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023.
The tenant shall pay the landlord $20.44 immediately being reimbursement of the filing fee.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. I am satisfied that the tenant has been properly served with notice of the hearing. The landlord confirmed that it had also recently brought the hearing to the tenant’s notice.
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 has breached their obligations by failing to keep the premises reasonably clean and reasonably tidy. See section 40(1)(c) Residential Tenancies Act 1986 (“RTA”).
The landlord provided photographic evidence of the state of the property.
The landlord served a 14-day notice on the tenant on 20 September 2023 and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because: a. The tenant has a history throughout the tenancy of five years of not cleaning the premises. b. The landlord advised that it has arranged with various agencies to help the tenant with cleaning on at least six previous occasions. The landlord advised that the tenant has then failed to take any steps himself to keep the premises reasonably clean and tidy. The tenant has therefore had numerous warnings and opportunities to change his ways and keep the premises clean and tidy. c. The landlord provided an email from the most recent support group to try and help the tenant, Emerge Aotearoa, which stated “It is a concern that after numerous large clean ups carried out previously from other community service providers and attempts made from Sustaining Tenancies that [the tenant] returns to his behaviour of extreme unhealthy living conditions and diminishes any efforts made to address the issues.” [emphasis added]. d. The landlord is concerned that the property is deteriorating due to the tenant’s refusal to keep the property reasonably clean and tidy. It gave as an example a repair to a wall next to the toilet that cannot be completed until the toilet and bathroom is in a fit state. e. In short, the tenant’s breach has been persistent and repeated. The tenant has shown no inclination to change his ways and meet his responsibilities despite being offered several opportunities and assistance. f. The tenant has not responded to the landlord’s application and has not made any effort to persuade the Tribunal that the premises will be cleaned and that the tenant will maintain them in a reasonably clean and tidy condition. g. Termination is not out of proportion to the gravity of the breach which has persisted throughout the tenancy.
Because Palmerston North City Council has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4710090. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
on is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023. 2. The tenant shall pay the land	$20.44		on is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023. 2. The tenant shall pay the land

Claims and awards for application 4710090. Verify on MoJ.

on is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023. 2. The tenant shall pay the land

Amount: $20.44
Awarded to: Landlord
Reason: on is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023. 2. The tenant shall pay the land

Order

The tenancy of Malcolm Woolley at 42 Cardrona Close, Roslyn, Palmerston North 4414 is terminated, and possession is granted to Palmerston North City Council, at 11.59 pm Wednesday 20 December 2023.
The tenant shall pay the landlord $20.44 immediately being reimbursement of the filing fee.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. I am satisfied that the tenant has been properly served with notice of the hearing. The landlord confirmed that it had also recently brought the hearing to the tenant’s notice.
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 has breached their obligations by failing to keep the premises reasonably clean and reasonably tidy. See section 40(1)(c) Residential Tenancies Act 1986 (“RTA”).
The landlord provided photographic evidence of the state of the property.
The landlord served a 14-day notice on the tenant on 20 September 2023 and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because: a. The tenant has a history throughout the tenancy of five years of not cleaning the premises. b. The landlord advised that it has arranged with various agencies to help the tenant with cleaning on at least six previous occasions. The landlord advised that the tenant has then failed to take any steps himself to keep the premises reasonably clean and tidy. The tenant has therefore had numerous warnings and opportunities to change his ways and keep the premises clean and tidy. c. The landlord provided an email from the most recent support group to try and help the tenant, Emerge Aotearoa, which stated “It is a concern that after numerous large clean ups carried out previously from other community service providers and attempts made from Sustaining Tenancies that [the tenant] returns to his behaviour of extreme unhealthy living conditions and diminishes any efforts made to address the issues.” [emphasis added]. d. The landlord is concerned that the property is deteriorating due to the tenant’s refusal to keep the property reasonably clean and tidy. It gave as an example a repair to a wall next to the toilet that cannot be completed until the toilet and bathroom is in a fit state. e. In short, the tenant’s breach has been persistent and repeated. The tenant has shown no inclination to change his ways and meet his responsibilities despite being offered several opportunities and assistance. f. The tenant has not responded to the landlord’s application and has not made any effort to persuade the Tribunal that the premises will be cleaned and that the tenant will maintain them in a reasonably clean and tidy condition. g. Termination is not out of proportion to the gravity of the breach which has persisted throughout the tenancy.
Because Palmerston North City Council has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4710090 — 14-day notice at 42 Cardrona Close, Roslyn, Palmerston North 4414

At a glance

Tenancy Tribunal case 4710090 — 14-day notice at 42 Cardrona Close, Roslyn, Palmerston North 4414

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions