How much money was awarded in case 4783518?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4783518?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4783518?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9983339-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4783518?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4783518?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4783518?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9983339-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 62 Fairview Road, Western Heights, Rotorua Tenancy Tribunal Case 4783518 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4783518?

The tribunal order states: The tenancy of Serenity Rangimarie Rene Moanaroa at Unit/Flat 3, 62 Fairview

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Order

The tenancy of Serenity Rangimarie Rene Moanaroa at Unit/Flat 3, 62 Fairview Road, Western Heights, Rotorua 3010 is terminated, and possession is granted to Tpm Rotorua Limited As Agent For Damian Kookachoo (2008) Ltd And Mr D Cooper, at 5.00pm on Thursday 14 March 2024.

The Bond Centre is to pay the bond of $20.44 (3140013-028) to Tpm Rotorua Limited As Agent For Damian Kookachoo (2008) Ltd And Mr D Cooper immediately being the filing fee for this application.

The balance of the bond of $1,499.56 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

The landlord withdrew their claim for damages, without prejudice. This means that the landlord may file a further claim if they wish.

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 causing damage to the premises and by having another person living at the premises in breach of the tenancy agreement. The tenant admitted that she caused the damage to the walls, doors and door frame but denies being a drug user despite the photographic evidence provided by the landlord.

The landlord served a 14-day notice on the tenant on 5 December 2023, and the tenant did not remedy the breaches within the required period.

It would be inequitable to refuse to terminate the tenancy because of the risk of ongoing damage. The tenant has had nearly a year to remedy the initial damage, but instead further damage has been caused. I acknowledge that the tenant has made recent attempts to repair, but I also have concerns about drug use at the premises and the potential for further damage.

Instead of terminating the tenancy immediately, I am terminating the tenancy in 3 weeks to give the tenant and her young child a reasonable opportunity to make alternative living arrangements.

As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.

The balance of the bond will remain at the Bond Centre pending the final inspection.

Order

The Bond Centre is to pay the bond of $20.44 (3140013-028) to Tpm Rotorua Limited As Agent For Damian Kookachoo (2008) Ltd And Mr D Cooper immediately being the filing fee for this application.

The balance of the bond of $1,499.56 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

The landlord withdrew their claim for damages, without prejudice. This means that the landlord may file a further claim if they wish.

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.

The landlord served a 14-day notice on the tenant on 5 December 2023, and the tenant did not remedy the breaches within the required period.

Instead of terminating the tenancy immediately, I am terminating the tenancy in 3 weeks to give the tenant and her young child a reasonable opportunity to make alternative living arrangements.

As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.

The balance of the bond will remain at the Bond Centre pending the final inspection.

Tenancy Tribunal case 4783518 — 14-day notice at Unit/Flat 3, 62 Fairview Road, Western Heights, Rotorua

At a glance

Tenancy Tribunal case 4783518 — 14-day notice at Unit/Flat 3, 62 Fairview Road, Western Heights, Rotorua

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