What was the outcome of Tenancy Tribunal case 4863947?

The tribunal order states: The tenancy of Katrina Nelio at 26 Dreadon Road, Manurewa, Auckland 2102 is

How much money was awarded in case 4863947?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4863947?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4863947?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10367970-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4863947?

The tribunal order states: The tenancy of Katrina Nelio at 26 Dreadon Road, Manurewa, Auckland 2102 is

How much money was awarded in case 4863947?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4863947?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4863947?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10367970-Tenancy_Tribunal_Order.pdf.

26 Dreadon Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4863947 — 14-day notice

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Reasons

Only 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 (‘RTA’).

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: a. Removing the garage roller door (without the landlord’s permission) and covering the garage entrance with plywood and installing a.wooden door to the entrance of the garage and converting the garage into sleeping quarters. b. Exceeding the maximum number of occupants living in the premises; there are 6 people living in the premises whereas only 4 people are stipulated on the tenancy agreement. c. Causing substantial damage to the premises - damaging the door frames of all the bedrooms, kitchen benchtop, pantry and living room, walls in 2 bedrooms and hallway, and windows. d. Tagging the letter box and external wall. e. Smoking inside the premises (which is prohibited under the tenancy agreement). f. Keeping a dog on the premises (which is prohibited under the tenancy agreement) without the landlord’s permission.

The landlord served a 14-day notice on the tenant on 2 April 2024, and the tenant did not remedy the above breaches within the required period, despite having undertaken to the landlord that the tenant will remedy them.

It would be inequitable to refuse to terminate the tenancy in light of the material breaches of the tenancy agreement and the RTA set out above. The tenant did not attend the hearing and gave no indication on when and if those breaches would be remedied.

The manner and extent of the tenant’s conversion of the garage into sleeping quarters alone render it inequitable to refuse to terminate the tenancy under the circumstances. Along with the rest of the breaches of the tenancy agreement and the RTA, I am satisfied that the tenancy should be terminated under section 56 RTA.

I give the tenant 7 days to vacate the premises.

Reasons

Only 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?

I give the tenant 7 days to vacate the premises.

Tenancy Tribunal case 4863947 — 14-day notice at 26 Dreadon Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4863947 — 14-day notice at 26 Dreadon Road, Manurewa, Auckland 2102

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