What was the outcome of Tenancy Tribunal case 4741554?

The tribunal order states: Reuben Drew must replace the broken entry door to the premises with a new

How much money was awarded in case 4741554?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4741554?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4741554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10016859-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4741554?

The tribunal order states: Reuben Drew must replace the broken entry door to the premises with a new

How much money was awarded in case 4741554?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4741554?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4741554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10016859-Tenancy_Tribunal_Order.pdf.

Unit/Flat B, 368 Jesmond Road, Karaka, Papakura 2578 Tenancy Tribunal Case 4741554 — 14-day notice

Reasons

Both parties attended the hearing today.

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 (section 56(1) of the Residential Tenancies Act 1986 (the Act)).

On 9 November 2023, the landlord conducted an inspection at the property. They found widespread damage. The stairway entrance was blocked with rubbish, the entry door had been destroyed, a window was smashed, part of the wall was damaged and there was dirt and debris everywhere.

The photographs are shocking, and the damage could well be described as “substantial” pursuant to section 55(1)(b) of the Act. Following service of a notice to remedy, a further inspection was performed on 24 November 2023. A window had been fixed, but otherwise the condition of the property was said to be unchanged.

Since then, nothing short of a transformation has occurred. An inspection on 10 January 2024 noted that the tenant had performed a lot of repairs and was having the damaged rooms painted. Internally, the property looks reasonably clean and reasonably tidy. Outside too, the tenant had tidied up and mown the grounds.

If the property still looked like the photographs from November 2023, there would be an almost irresistible case for termination. However, in my view the Tribunal must consider the matter based on the condition of the property today. It would not be inequitable to refuse to terminate the property given the amount of repair work performed by the tenant (who is a former builder). The entry door needs replacing and the van referred to in the notice to remedy on 9 November 2023 still needs to be removed, but that is all. The tenant tells me he is going to take steps to ensure the person who owns the van removes it, and he was focused on replacing the entry door this week but says he was robbed yesterday. I accept that he genuinely intends to complete the remediation within a short time and that he has the financial means to continue paying the rent, which is currently up to date.

To the extent that termination under section 55(1)(b) needs to be considered (the application was not brought on this basis) I am satisfied that the breach has been fully remedied (or will be very soon) and that the landlord has been compensated for loss arising from the breach (the tenant has performed the repairs at no cost). The tenant says the damage was partly caused by his sons at what sounds like a family argument, but they are now living with their mother and the incident will not happen again.

The landlord said termination remained appropriate given the extent of the damage. It is not difficult to imagine how concerning the damage caused by the tenant has been for the landlord. However, the tenant has made significant amends and the property looks neat and tidy in the 10 January 2024 inspection report. I decline to terminate the tenancy, but direct that the tenant is to complete the remaining repairs within a short time. Filing fee

The landlord had justified grounds to apply for termination and has obtained an order directing the tenant to complete the remedial work. It is appropriate to award the filing fee.

Order

Reuben Drew must replace the broken entry door to the premises with a new door and remove the van outside the premises by 5pm on Wednesday 13 March 2024.
Reuben Drew must pay Barfoot & Thompson Limited as Agent for Ivan Vodnovich for Justified Limited $20.44 immediately, for the filing fee.

Reasons

Both parties attended the hearing today.
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 (section 56(1) of the Residential Tenancies Act 1986 (the Act)).
On 9 November 2023, the landlord conducted an inspection at the property. They found widespread damage. The stairway entrance was blocked with rubbish, the entry door had been destroyed, a window was smashed, part of the wall was damaged and there was dirt and debris everywhere.
The photographs are shocking, and the damage could well be described as “substantial” pursuant to section 55(1)(b) of the Act. Following service of a notice to remedy, a further inspection was performed on 24 November 2023. A window had been fixed, but otherwise the condition of the property was said to be unchanged.
Since then, nothing short of a transformation has occurred. An inspection on 10 January 2024 noted that the tenant had performed a lot of repairs and was having the damaged rooms painted. Internally, the property looks reasonably clean and reasonably tidy. Outside too, the tenant had tidied up and mown the grounds.
If the property still looked like the photographs from November 2023, there would be an almost irresistible case for termination. However, in my view the Tribunal must consider the matter based on the condition of the property today. It would not be inequitable to refuse to terminate the property given the amount of repair work performed by the tenant (who is a former builder). The entry door needs replacing and the van referred to in the notice to remedy on 9 November 2023 still needs to be removed, but that is all. The tenant tells me he is going to take steps to ensure the person who owns the van removes it, and he was focused on replacing the entry door this week but says he was robbed yesterday. I accept that he genuinely intends to complete the remediation within a short time and that he has the financial means to continue paying the rent, which is currently up to date.
To the extent that termination under section 55(1)(b) needs to be considered (the application was not brought on this basis) I am satisfied that the breach has been fully remedied (or will be very soon) and that the landlord has been compensated for loss arising from the breach (the tenant has performed the repairs at no cost). The tenant says the damage was partly caused by his sons at what sounds like a family argument, but they are now living with their mother and the incident will not happen again.
The landlord said termination remained appropriate given the extent of the damage. It is not difficult to imagine how concerning the damage caused by the tenant has been for the landlord. However, the tenant has made significant amends and the property looks neat and tidy in the 10 January 2024 inspection report. I decline to terminate the tenancy, but direct that the tenant is to complete the remaining repairs within a short time. Filing fee
The landlord had justified grounds to apply for termination and has obtained an order directing the tenant to complete the remedial work. It is appropriate to award the filing fee.

Tenancy Tribunal case 4741554 — 14-day notice at Unit/Flat B, 368 Jesmond Road, Karaka, Papakura 2578

At a glance

Tenancy Tribunal case 4741554 — 14-day notice at Unit/Flat B, 368 Jesmond Road, Karaka, Papakura 2578

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