What was the outcome of Tenancy Tribunal case 4802157?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4802157?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4802157?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4802157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10496940-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4802157?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4802157?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4802157?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4802157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10496940-Tenancy_Tribunal_Order.pdf.

17A Hotel Access Road, Te Kuiti, Waitomo 3988 Tenancy Tribunal Case 4802157 — 14-day notice

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Reasons

The landlord attended the hearing.

The tenant did not join the hearing by teams. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

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 landlord issued a breach notice to the tenant dated 18 December 2023. That notice sets out the breach complained of. It states “The Breach that has occurred is: Exceeding the maximum number of residence and tenants to reside in the property.“(sic).

The notice goes on to state that the tenant must, in order to remedy the breach, “Provide written evidence that the occupant of the neighbouring cabin is not using the properties facilities”.

The brief background is that prior to the tenancy commencing, the tenant located a cabin on the premises. The landlord says that the tenant’s brother lived there. The landlord informed the tenant that this was not acceptable and the tenant shifted the cabin to an adjoining empty section.

The landlord was concerned that despite the cabin having been shifted, the tenant’s brother was using the facilities at the premises on a daily basis.

The landlord said that during the course of an inspection of the premises on 18 January 2024 they were advised by the tenant’s father that the brother had shifted away and was no longer using the cabin.

As a result of this, I find that the tenant has complied with the remedy required in the breach notice dated 18 December 2024 and the application is dismissed.

The landlord explained during the hearing that they were concerned about the number of people living at the premises. The tenancy agreement allows for a maximum of 5 residents, those residents being the tenant and her 4 children. It would seem that at least 3 other people are currently living at the premises. The landlord would be entitled to issue a breach notice for that breach requiring the tenant to remedy the breach by limiting the residents to herself and her 4 children. That is not however the application and remedy before the Tribunal today.

The application is dismissed.

The landlord applied for name suppression. The landlord has not been wholly or substantially successful in this matter and the application is dismissed.

Reasons

The landlord attended the hearing.

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.

The notice goes on to state that the tenant must, in order to remedy the breach, “Provide written evidence that the occupant of the neighbouring cabin is not using the properties facilities”.

The landlord was concerned that despite the cabin having been shifted, the tenant’s brother was using the facilities at the premises on a daily basis.

As a result of this, I find that the tenant has complied with the remedy required in the breach notice dated 18 December 2024 and the application is dismissed.

The application is dismissed.

The landlord applied for name suppression. The landlord has not been wholly or substantially successful in this matter and the application is dismissed.

Tenancy Tribunal case 4802157 — 14-day notice at 17A Hotel Access Road, Te Kuiti, Waitomo 3988

At a glance

Tenancy Tribunal case 4802157 — 14-day notice at 17A Hotel Access Road, Te Kuiti, Waitomo 3988

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