What was the outcome of Tenancy Tribunal case 4884900?

The tribunal order states: The application for termination of the tenancy is dismissed.

How much money was awarded in case 4884900?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4884900?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4884900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10970507-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4884900?

The tribunal order states: The application for termination of the tenancy is dismissed.

How much money was awarded in case 4884900?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4884900?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4884900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10970507-Tribunal_Order.pdf.

Unit/Flat 3, 31 York Street, Glenholme, Rotorua 3010 Tenancy Tribunal Case 4884900 — 14-day notice

Order

The application for termination of the tenancy is dismissed.
Pursuant to s 78(1)(e) of the Residential Tenancies Act 1986, the tenant, Michael James, is ordered to: a. Cease using the carport as a living or entertainment space. b. Remove all furniture and items not associated with the carport's intended use as a parking space. c. Ensure that no personal items overflow into common areas.
The tenant must comply with these orders within 14 days of the date of this decision.

Reasons

The Landlord attended the hearing.
The tenancy commenced on 25 September 2020.
The Landlord has applied for termination of the tenancy under s 56 of the Residential Tenancies Act 1986 (the Act), alleging that the tenant has breached the tenancy agreement by using the carport as a living area, causing disturbances to neighbours.
Multiple 14-day notices have been issued to the tenant, the most recent being on 26 February 2024, requesting the tenant to stop using the carport as a living area and to remove items overflowing into common areas.
The tenant did not attend the most recent hearing and has not remedied the alleged breaches. Issues
The key issues to determine are: a. Whether the tenant has breached the tenancy agreement or the Act. b. Whether proper notice was given, and the breach remains unremedied. c. Whether the breach is of such a nature or extent that it would be inequitable to refuse termination. Relevant Law
Section 40(1)(c) of the Act requires the tenant to keep the premises reasonably clean and tidy.
Section 40(2)(c) of the Act stipulates that the tenant shall not cause or permit any interference with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.
Section 56(1) allows the Tribunal to terminate a tenancy if: a. The other party has committed a breach of the tenancy agreement or the Act. b. In the case of a remediable breach, the applicant gave notice specifying the breach and requiring remedy within at least 14 days, and the breach was not remedied. c. The breach is of such a nature or extent that it would be inequitable to refuse termination.
Section 78(1)(e) of the Act empowers the Tribunal to make an order requiring a party to do or refrain from doing anything relating to the tenancy agreement or the premises. Findings
The tenant has used the carport as a living or entertainment area, furnishing it with couches, tables, and a television.
While the tenancy agreement and the Act do not explicitly prohibit the use of the carport in this manner, such use may contravene s 40(1)(c) if it results in the premises not being kept reasonably tidy, especially if items overflow into common areas.
The landlord alleges disturbances to neighbours due to noise and the tenant’s use of the carport, potentially breaching s 40(2)(c).
The landlord served a 14-day notice on 26 February 2024, as required under s 56(1)(b), specifying the breach and requiring the tenant to cease using the carport as a living area and to remove excess items.
The tenant has failed to remedy the breach within the specified period.
Under s 56(1)(c), termination is justified only if the breach is so serious that it would be inequitable to refuse termination.
The Landlord has not provided formal statements or witness evidence from neighbours to substantiate the alleged disturbances.
At the most recent hearing, the Landlord acknowledged that there had been no new complaints.
While the Tenant’s non-compliance and absence from the hearing are concerning, the evidence does not demonstrate that the breach is so severe as to warrant termination. Conclusion
Given the lack of substantial evidence regarding disturbances and considering that the tenant’s use of the carport is not explicitly prohibited, it would be inequitable to terminate the tenancy at this time.
However, the tenant is in breach of his obligations under s 40(1)(c) and potentially 40(2)(c) of the Act. Future Implications of Non-Compliance with Tribunal Orders
The tenant is cautioned that failure to comply with this order may result in further action, including potential termination of the tenancy.
The Landlord is advised to: a. Monitor the tenant's compliance with this order. b. Gather formal evidence of any future disturbances, such as written statements from affected neighbours, to support any subsequent applications.

Order

The application for termination of the tenancy is dismissed.
Pursuant to s 78(1)(e) of the Residential Tenancies Act 1986, the tenant, Michael James, is ordered to: a. Cease using the carport as a living or entertainment space. b. Remove all furniture and items not associated with the carport's intended use as a parking space. c. Ensure that no personal items overflow into common areas.
The tenant must comply with these orders within 14 days of the date of this decision.

Reasons

The Landlord attended the hearing.
The tenancy commenced on 25 September 2020.
The Landlord has applied for termination of the tenancy under s 56 of the Residential Tenancies Act 1986 (the Act), alleging that the tenant has breached the tenancy agreement by using the carport as a living area, causing disturbances to neighbours.
Multiple 14-day notices have been issued to the tenant, the most recent being on 26 February 2024, requesting the tenant to stop using the carport as a living area and to remove items overflowing into common areas.
The tenant did not attend the most recent hearing and has not remedied the alleged breaches. Issues
The key issues to determine are: a. Whether the tenant has breached the tenancy agreement or the Act. b. Whether proper notice was given, and the breach remains unremedied. c. Whether the breach is of such a nature or extent that it would be inequitable to refuse termination. Relevant Law
Section 40(1)(c) of the Act requires the tenant to keep the premises reasonably clean and tidy.
Section 40(2)(c) of the Act stipulates that the tenant shall not cause or permit any interference with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.
Section 56(1) allows the Tribunal to terminate a tenancy if: a. The other party has committed a breach of the tenancy agreement or the Act. b. In the case of a remediable breach, the applicant gave notice specifying the breach and requiring remedy within at least 14 days, and the breach was not remedied. c. The breach is of such a nature or extent that it would be inequitable to refuse termination.
Section 78(1)(e) of the Act empowers the Tribunal to make an order requiring a party to do or refrain from doing anything relating to the tenancy agreement or the premises. Findings
The tenant has used the carport as a living or entertainment area, furnishing it with couches, tables, and a television.
While the tenancy agreement and the Act do not explicitly prohibit the use of the carport in this manner, such use may contravene s 40(1)(c) if it results in the premises not being kept reasonably tidy, especially if items overflow into common areas.
The landlord alleges disturbances to neighbours due to noise and the tenant’s use of the carport, potentially breaching s 40(2)(c).
The landlord served a 14-day notice on 26 February 2024, as required under s 56(1)(b), specifying the breach and requiring the tenant to cease using the carport as a living area and to remove excess items.
The tenant has failed to remedy the breach within the specified period.
Under s 56(1)(c), termination is justified only if the breach is so serious that it would be inequitable to refuse termination.
The Landlord has not provided formal statements or witness evidence from neighbours to substantiate the alleged disturbances.
At the most recent hearing, the Landlord acknowledged that there had been no new complaints.
While the Tenant’s non-compliance and absence from the hearing are concerning, the evidence does not demonstrate that the breach is so severe as to warrant termination. Conclusion
Given the lack of substantial evidence regarding disturbances and considering that the tenant’s use of the carport is not explicitly prohibited, it would be inequitable to terminate the tenancy at this time.
However, the tenant is in breach of his obligations under s 40(1)(c) and potentially 40(2)(c) of the Act. Future Implications of Non-Compliance with Tribunal Orders
The tenant is cautioned that failure to comply with this order may result in further action, including potential termination of the tenancy.
The Landlord is advised to: a. Monitor the tenant's compliance with this order. b. Gather formal evidence of any future disturbances, such as written statements from affected neighbours, to support any subsequent applications.

Tenancy Tribunal case 4884900 — 14-day notice at Unit/Flat 3, 31 York Street, Glenholme, Rotorua 3010

At a glance

Tenancy Tribunal case 4884900 — 14-day notice at Unit/Flat 3, 31 York Street, Glenholme, Rotorua 3010

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions