How much money was awarded in case 4814377?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4814377?

The dispute type was not classified.

Where can I read the official tribunal order for case 4814377?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10072184-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4814377?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4814377?

The dispute type was not classified.

Where can I read the official tribunal order for case 4814377?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10072184-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 18, 175 Chapel Road, Flat Bush, Auckland Tenancy Tribunal Case 4814377 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 4814377?

The tribunal order states: The tenant must remedy the breach of the tenancy agreement by removing the

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Order

The tenant must remedy the breach of the tenancy agreement by removing the dogs living at the property by 5pm on Tuesday 26 March 2024.

The landlord has liberty to request a further hearing if the dogs are not removed as directed.

The landlord also has liberty to request a further hearing if there is a further occasion of anti-social behaviour within the 90-day period which began on 13 February 2024 and a notice complying with section 55A of the Residential Tenancies Act 1986 is served.

Reasons

The landlord attended the hearing today.

The landlord has applied for termination for breach of section 55A (termination for anti-social behaviour) and for breach of the tenancy agreement pursuant to section 56 of the Residential Tenancies Act 1986.

As discussed at the hearing, in my view the second anti-social behaviour notice dated 20 February 2024 does not comply with section 55A(2)(b) of the Act. It only identifies one occasion of anti-social behaviour on 19 February 2024 (loud music playing until the early hours of the morning) but says there were two breaches in the one incident. The letter purports to be both the second and third letters notifying the tenant of anti-social behaviour. In my view, there needed to be 3 separate occasions of anti-social behaviour and 3 separate notices, each describing clearly which specific behaviour was anti-social.

The landlord is still within the 90-day period in section 55A(2)(a) and if there is a third occasion of anti-social behaviour within that period, can serve a third notice and request a further hearing to consider termination.

There is a “no pets” clause in the tenancy agreement. The landlord says the tenant has 3-4 dogs at the property. Sometimes they are removed for a few weeks but later return. The dogs can be quite aggressive and concerning for others living in the same block of 4-units. The landlord served a notice to remedy the breach on 28 January 2024.

It is not appropriate to terminate the tenancy for breach of the “no pets” clause without giving the tenant a final opportunity to remedy the situation. If the dogs are not removed the landlord can request a further hearing to consider termination.

I have made no order as to the filing fee at this stage.

Order

The tenant must remedy the breach of the tenancy agreement by removing the dogs living at the property by 5pm on Tuesday 26 March 2024.

The landlord has liberty to request a further hearing if the dogs are not removed as directed.

Reasons

The landlord attended the hearing today.

I have made no order as to the filing fee at this stage.

Tenancy Tribunal case 4814377 — Tenancy dispute at Unit/Flat Unit 18, 175 Chapel Road, Flat Bush, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 4814377 — Tenancy dispute at Unit/Flat Unit 18, 175 Chapel Road, Flat Bush, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions