What was the outcome of Tenancy Tribunal case 4903355?

The tribunal order states: The tenancy of Abraham Richard Te Moananui, Marika Capreeze Te Moananui

How much money was awarded in case 4903355?

Ssession Is Granted To Unique Realty…: $20.44 awarded to landlord

What type of tenancy dispute was case 4903355?

The primary dispute was 14-day notice. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4903355?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10727807-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4903355?

The tribunal order states: The tenancy of Abraham Richard Te Moananui, Marika Capreeze Te Moananui

How much money was awarded in case 4903355?

Ssession Is Granted To Unique Realty…: $20.44 awarded to landlord

What type of tenancy dispute was case 4903355?

The primary dispute was 14-day notice. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4903355?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10727807-Tenancy_Tribunal_Order.pdf.

96 Havill Street, Takaro, Palmerston North 4410 Tenancy Tribunal Case 4903355 — 14-day notice

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4903355. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ssession is granted to Unique Realty Limited, at 11.59 pm Wednesday 28 August 2024. 2. The tenant is to pay the landlord	$20.44		ssession is granted to Unique Realty Limited, at 11.59 pm Wednesday 28 August 2024. 2. The tenant is to pay the landlord

The tenancy of Abraham Richard Te Moananui, Marika Capreeze Te Moananui and Glennis Te Moananui at 96 Havill Street, Takaro, Palmerston North 4410 is terminated, and possession is granted to Unique Realty Limited, at 11.59 pm Wednesday 28 August 2024.

The tenant is to pay the landlord $20.44 immediately being reimbursement of the filing fee.

Reasons

Both parties 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.

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 notices to the tenant on 4 September 2023, 13 February 2024 and 13 May 2024 requiring the tenant to repair extensive damage to the property.

The landlord issued a notice to the tenant on 13 February 2024 regarding excessive noise, the removal of smoke alarms and damage to the property. The landlord provided evidence to the tenant at the hearing on 26 June 2024 of further complaints by neighbours of antisocial behaviour.

The Tribunal made an order on 26 June 2024 requiring the tenant to repair all damage caused by them during the tenancy to a tradespersonlike standard by 2 pm 5 July 2024.

The Tribunal’s order of 26 June 2024 is clear: “6. The tenants acknowledge that this behaviour is scaring and upsetting their neighbours. The tenants understand that the behaviour can be considered “antisocial behaviour”. The tenants are also now aware that such disturbances are a breach of their obligations section 40(2)(c) RTA not to allow any interference with the reasonable peace, comfort or privacy of their neighbours.

The tenants understand that this behaviour cannot continue. They understand that if it continues, their tenancy is likely to be terminated.”

The landlord provided photographic evidence at the hearing that the repairs had still not been completed in a tradespersonlike manner and that further significant damage to the doors and walls has occurred since 26 June 2024. This also has not been repaired.

The tenant advised that her son’s mental illness had deteriorated and that he had recently been hospitalised. She acknowledged that the further damage was caused by her son.

Dealing with her son’s mental illness is a very difficult and demanding situation for the tenant. However, the Tribunal must have regard for the landlord’s rights and genuine concerns for the deteriorating state of its property, together with the interests of the neighbours who are entitled to live in their properties free from unreasonable disturbances.

The landlord gave evidence that neighbours have continued to complain about the antisocial behaviour which has continued since the last hearing.

It would be inequitable to refuse the landlord’s application for termination for the following reasons: a. The tenant has been given many opportunities to repair the damage inflicted on the property. b. The tenant has not complied with an order of the Tribunal. c. The tenant has had a clear warning from the Tribunal regarding the consequences of continuing to interfere with the neighbours’ reasonable peace. d. Significant further damage has been caused to the property since the last hearing.

Because Unique Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4903355. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ssession is granted to Unique Realty Limited, at 11.59 pm Wednesday 28 August 2024. 2. The tenant is to pay the landlord	$20.44		ssession is granted to Unique Realty Limited, at 11.59 pm Wednesday 28 August 2024. 2. The tenant is to pay the landlord

The tenant is to pay the landlord $20.44 immediately being reimbursement of the filing fee.

Reasons

Both parties 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 landlord issued notices to the tenant on 4 September 2023, 13 February 2024 and 13 May 2024 requiring the tenant to repair extensive damage to the property.

The Tribunal made an order on 26 June 2024 requiring the tenant to repair all damage caused by them during the tenancy to a tradespersonlike standard by 2 pm 5 July 2024.

The tenants understand that this behaviour cannot continue. They understand that if it continues, their tenancy is likely to be terminated.”

The tenant advised that her son’s mental illness had deteriorated and that he had recently been hospitalised. She acknowledged that the further damage was caused by her son.

The landlord gave evidence that neighbours have continued to complain about the antisocial behaviour which has continued since the last hearing.

Because Unique Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4903355 — 14-day notice at 96 Havill Street, Takaro, Palmerston North 4410

At a glance

Tenancy Tribunal case 4903355 — 14-day notice at 96 Havill Street, Takaro, Palmerston North 4410

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