What was the outcome of Tenancy Tribunal case 4753110?

The tribunal order states: The tenancy of Bradley Richard Peterken at 27 Garland Road, Greenlane,

How much money was awarded in case 4753110?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4753110?

The primary dispute was 14-day notice. Related themes: State of repair, Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 4753110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9763658-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4753110?

The tribunal order states: The tenancy of Bradley Richard Peterken at 27 Garland Road, Greenlane,

How much money was awarded in case 4753110?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4753110?

The primary dispute was 14-day notice. Related themes: State of repair, Smoke alarms, Healthy homes.

Where can I read the official tribunal order for case 4753110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9763658-Tenancy_Tribunal_Order.pdf.

27 Garland Road, Greenlane, Auckland 1061 Tenancy Tribunal Case 4753110 — 14-day notice

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Order

The tenancy of Bradley Richard Peterken at 27 Garland Road, Greenlane, Auckland 1061 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11:59pm on Sunday 21 January 2024.

The landlord may enter the premises for the purposes of installing smoke alarms between 11:00am and midday on Wednesday 20 December 2023.

If the tenant breaches the obligation to allow the landlord entry to the premises in terms of Order 2, the tenancy will terminate and possession will be returned to the landlord, immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy on the grounds that the tenant has caused substantial damage to the premises.

Section 55 RTA provides that the Tribunal must make an Order terminating the tenancy if satisfied that , “...the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises.”

Inspection photographs provided by the landlord show that substantial damage has been caused during the tenancy and I am satisfied it was caused by the tenant and/ or by his former partner who was a joint tenant before being released from the tenancy. The photographs show a large number of holes in walls, large sections of wall lining removed and broken glass present.

There are currently no working smoke alarms in the premises.

The landlord has been trying to engage with the tenant to find a suitable place for him to relocate to, so repair and refurbishment work can be done.

The tenant finds things overwhelming at times and has struggled to maintain that engagement. It is the landlord’s intention to continue looking for suitable alternative accommodation for the tenant but says it needs to be able to recover possession of the premises if agreement about that can’t be reached with him.

The tenant really wants a place where he can have privacy and also continue to have his dog with him. He is worried that won’t be possible if he is moved from these premises. While I hope that can be achieved, it is not reasonable to make a termination Order conditional on that outcome.

It is clear that the current situation cannot continue. The premises are in a very bad state of repair. They are unsafe and need to be brought to Healthy Homes compliance.

I find it proved that the tenant is responsible for substantial damage to the premises and the Tribunal must make an Order for termination of the tenancy.

The landlord confirms that even if possession of the premises was granted today, none of the necessary repair or compliance work could begin until 21 January 2024. There is no prejudice to the landlord if termination is deferred to that date, which will give the tenant an additional period of certainty in terms of his living situation. That must be on condition that the tenant allows the landlord entry into the premises now, so smoke alarms can be installed for the protection of the tenant and also of the adjoining premises and their occupants.

Kāinga Ora–Homes and Communities waives recovery of the filing fee.

Order

The landlord may enter the premises for the purposes of installing smoke alarms between 11:00am and midday on Wednesday 20 December 2023.

If the tenant breaches the obligation to allow the landlord entry to the premises in terms of Order 2, the tenancy will terminate and possession will be returned to the landlord, immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy on the grounds that the tenant has caused substantial damage to the premises.

There are currently no working smoke alarms in the premises.

The landlord has been trying to engage with the tenant to find a suitable place for him to relocate to, so repair and refurbishment work can be done.

It is clear that the current situation cannot continue. The premises are in a very bad state of repair. They are unsafe and need to be brought to Healthy Homes compliance.

I find it proved that the tenant is responsible for substantial damage to the premises and the Tribunal must make an Order for termination of the tenancy.

Kāinga Ora–Homes and Communities waives recovery of the filing fee.

Tenancy Tribunal case 4753110 — 14-day notice at 27 Garland Road, Greenlane, Auckland 1061

At a glance

Tenancy Tribunal case 4753110 — 14-day notice at 27 Garland Road, Greenlane, Auckland 1061

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions