What was the outcome of Tenancy Tribunal case 4873680?

The tribunal order states: The tenancy of Letita Wanihi-Shannon at 10 President Avenue, Papakura,

How much money was awarded in case 4873680?

Ted - As Agent For Mayur And Bhavika…: $20.44 awarded to landlord

What type of tenancy dispute was case 4873680?

The primary dispute was 14-day notice. Related themes: Property damage.

Where can I read the official tribunal order for case 4873680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10624888-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4873680?

The tribunal order states: The tenancy of Letita Wanihi-Shannon at 10 President Avenue, Papakura,

How much money was awarded in case 4873680?

Ted - As Agent For Mayur And Bhavika…: $20.44 awarded to landlord

What type of tenancy dispute was case 4873680?

The primary dispute was 14-day notice. Related themes: Property damage.

Where can I read the official tribunal order for case 4873680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10624888-Tenancy_Tribunal_Order.pdf.

10 President Avenue, Papakura, Papakura 2110 Tenancy Tribunal Case 4873680 — 14-day notice

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Order

Claims and awards in Tenancy Tribunal application 4873680. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ted - As Agent For Mayur And Bhavika Topiwala, at 11.59pm on Monday 29 July 2024. 2. Letitia Wanihi -Shannon is to pay t	$20.44		ted - As Agent For Mayur And Bhavika Topiwala, at 11.59pm on Monday 29 July 2024. 2. Letitia Wanihi -Shannon is to pay t

The tenancy of Letita Wanihi-Shannon at 10 President Avenue, Papakura, Papakura 2110 is terminated, and possession is granted to Barfoot & Thompson Limited - As Agent For Mayur And Bhavika Topiwala, at 11.59pm on Monday 29 July 2024.

Letitia Wanihi -Shannon is to pay the filing fee of $20.44 to Barfoot & Thompson Limited - As Agent For Mayur And Bhavika Topiwala immediately.

Reasons

Ms Horat and Mr Schiff attended the hearing for the landlord.

The tenant did not attend. I am satisfied that the tenant was served with the notice of today’s hearing at the tenancy address, and as she did not seek an adjournment the hearing continued in her absence.

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 tenant has breached their obligations by causing damage to the property, being 8 broken windows and numerous holes in doors and patches on walls.

The landlord served a 14-day notice on the tenant on 4 April 2024, after inspecting the property on the 28 March, finding numerous windows broken and multiple holes in walls and doors. The tenant did not remedy the breach within the required period. The landlord attended the property on the 22 April to ensure that breach had been remedied, the tenant refused access despite the landlord having given notice, of the inspection and the tenant confirmed that the windows had not been repaired. The landlord went to carry out a routine inspection on the 18 July and found the locks had been changed. The landlord tells me that to the best of their knowledge the windows have not been fixed.

It would be inequitable to refuse to terminate the tenancy because the tenant has a history of breaching her obligations under the Residential Tenancies Act, the tenant has received 19, 14 day notices for rent arrear and water breaches in 18 months. The tenant has refused access to allow the windows to be fixed and has failed to assist the landlord in allowing repairs to be completed. The tenant is not communicating with the landlord, and this means that the landlord is unable to check the condition of the property and to ensure that further damage has not occurred.

The tenant has claimed that the windows were damaged as a result of a break in but despite the landlord asking numerous times for evidence of this, such as a Police report the tenant has refused to provide these details.

As the landlord has not been able to check the property, the landlord has withdrawn its claims for compensation today. This will allow the landlord to make a further claim for compensation for any or all damage after the tenancy ends.

Because Barfoot & Thompson Limited - As Agent For Mayur And Bhavika Topiwala has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4873680. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ted - As Agent For Mayur And Bhavika Topiwala, at 11.59pm on Monday 29 July 2024. 2. Letitia Wanihi -Shannon is to pay t	$20.44		ted - As Agent For Mayur And Bhavika Topiwala, at 11.59pm on Monday 29 July 2024. 2. Letitia Wanihi -Shannon is to pay t

Letitia Wanihi -Shannon is to pay the filing fee of $20.44 to Barfoot & Thompson Limited - As Agent For Mayur And Bhavika Topiwala immediately.

Reasons

Ms Horat and Mr Schiff attended the hearing for the landlord.

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 tenant has breached their obligations by causing damage to the property, being 8 broken windows and numerous holes in doors and patches on walls.

Because Barfoot & Thompson Limited - As Agent For Mayur And Bhavika Topiwala has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4873680 — 14-day notice at 10 President Avenue, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4873680 — 14-day notice at 10 President Avenue, Papakura, Papakura 2110

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