What was the outcome of Tenancy Tribunal case 4728889?

The tribunal order states: The Tenant shall remove all dogs immediately and refrain from keeping any

How much money was awarded in case 4728889?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4728889?

The dispute type was not classified.

Where can I read the official tribunal order for case 4728889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9975323-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4728889?

The tribunal order states: The Tenant shall remove all dogs immediately and refrain from keeping any

How much money was awarded in case 4728889?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4728889?

The dispute type was not classified.

Where can I read the official tribunal order for case 4728889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9975323-Tenancy_Tribunal_Order.pdf.

25 Belgrave Place, Papakura, Papakura 2110 Tenancy Tribunal Case 4728889 — Tenancy dispute

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Reasons

The Landlord attended the hearing.

The Tenant did not appear.

The Landlord sought an Order to remove the Tenants dogs from the property.

The tenancy commenced on 20 December 2010. Clause 30 of the Tenancy Agreement prevented the Tenant from having dogs at the property unless they received written consent from the landlord.

In early 2023, the Landlord received notifications from the neighbours and Auckland Council that the Tenant had dogs living at the property that were roaming and unregistered.

In May 2023, the Landlord attempted to contact the Tenant regarding the dogs however the Tenant did not engage in communication. The Landlord rang them, text messaged them, visited the property and sent a letter to the Tenant to remove the dogs. When the Landlord visited the property in June 2023, they saw the dogs. In August 2023, the Landlord advised the Tenant the dogs need to be registered and chipped. On 16 August 2023, the landlord issued a breach notice for the dogs to be removed. The dogs were not removed after the 14 - day period so the Landlord organised a meeting to discuss the dogs being removed. The Tenant did not attend and up until November 2023, refused to engage with the Landlord.

The Landlord provided email correspondence from Auckland Council and letters the Landlord sent to the Tenant regarding the dogs.

Section 77 (2)(l) of the Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal may order the Tenant to do anything necessary to remedy a breach of the Tenancy Agreement.

The Tenant has dogs living at the property without obtaining written consent of the Landlord. This is in breach of section 30 of the Tenancy Agreement.

In considering the evidence, I find it more likely than not from the multiple reports to the Landlord of the dogs being present, the Landlord viewing the dogs at the property and the Tenant refusing to engage with the Landlord, that the Tenant has breached the Tenancy Agreement. They must remedy this breach by removing all of the dogs living at the property.

The Landlord has not sought name suppression so this has not been granted.

Reasons

The Landlord attended the hearing.

The Tenant did not appear.

The Landlord sought an Order to remove the Tenants dogs from the property.

The tenancy commenced on 20 December 2010. Clause 30 of the Tenancy Agreement prevented the Tenant from having dogs at the property unless they received written consent from the landlord.

In early 2023, the Landlord received notifications from the neighbours and Auckland Council that the Tenant had dogs living at the property that were roaming and unregistered.

The Landlord provided email correspondence from Auckland Council and letters the Landlord sent to the Tenant regarding the dogs.

Section 77 (2)(l) of the Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal may order the Tenant to do anything necessary to remedy a breach of the Tenancy Agreement.

The Tenant has dogs living at the property without obtaining written consent of the Landlord. This is in breach of section 30 of the Tenancy Agreement.

The Landlord has not sought name suppression so this has not been granted.

Tenancy Tribunal case 4728889 — Tenancy dispute at 25 Belgrave Place, Papakura, Papakura 2110

At a glance

Claims & awards

Tenancy Tribunal case 4728889 — Tenancy dispute at 25 Belgrave Place, Papakura, Papakura 2110

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions