What was the outcome of Tenancy Tribunal case 4923935?

The tribunal order states: The tenancy of Donna Wyatt at 50B Sungrove Rise, Sunnyvale, Auckland 0612

How much money was awarded in case 4923935?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4923935?

The dispute type was not classified.

Where can I read the official tribunal order for case 4923935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10865315-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4923935?

The tribunal order states: The tenancy of Donna Wyatt at 50B Sungrove Rise, Sunnyvale, Auckland 0612

How much money was awarded in case 4923935?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4923935?

The dispute type was not classified.

Where can I read the official tribunal order for case 4923935?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10865315-Tenancy_Tribunal_Order.pdf.

50B Sungrove Rise, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 4923935 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4923935 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

The tenancy of Donna Wyatt at 50B Sungrove Rise, Sunnyvale, Auckland 0612 is terminated, and possession is granted to Rental Hq Limited Acting Agent For Diane Miles, at 11:59pm on Monday 30 September 2024.
Donna Wyatt must pay Rental Hq Limited Acting Agent For Diane Miles $20.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and possession as well as reimbursement of the filing fee.

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 her sections 40(1)(c),(d) and (2) obligations under the Residential Tenancies Act 1986 (RTA) and the tenancy agreement, specifically: a. The tenant was issued four 14 day notices on 29 February 2024 for the following s40 of the RTA breaches: i. Ripped/torn net curtains in the bedrooms and lounge from cat damage; ii. Remove a cabin placed on the premise without the landlord’s consent and damaging the exterior cladding of the premise by drilling into it and causing weathertight issues to the premise that require silicon treatment every 5 years; iii. Remove rubbish strewn over yard; iv. Resow grass seed on damaged grass; v. Repair damage to the lounge wall; vi. Vacuum floors; vii. Remove wires that are a trip/fire hazard; viii. Remove rubbish atop the stove that is a fire risk; ix. Repair broken cat flap on cat door; x. Place rubbish in bins and place full bins out for collection; xi. Clean bedroom and lounge floors; xii. Clean bathroom and toilet and shower glass; xiii. Repair bathroom door jam and repaint it the same colour; xiv. Repair windowsills that have cat scratch damage, repaint in same colour; and xv. Remove carpet stains for bedroom 2. b. On 17 May 2024 a further 14-day notice was issued for the same issues as set out in the 29 February 2024 notices, minus the cabin related issues; c. On 6 August 2024 a further 14-day notice was issued for the following: i. Cat door needs to be repaired; ii. Net curtains that were/are ripped, replaced; iii. Food etc on floor and walls cleaned; iv. Property needs to be presented reasonably clean and tidy; v. Matches were noted on the floor in the master bedroom. This is unsafe especially with young children at the property; vi. Windowsills need to be cleaned of food etc and cat damages fixed; vii. Old cat poo (noted in last inspection) in master and bedroom 3 still hasn’t been cleaned up. In bedroom 3 a mattress has been placed on the floor covering it; viii. Kitty Litter Box on the carpet in bedroom 3. This needs to be moved to a lined area so the cat isn’t using carpet areas as a toilet; ix. Rubbish needs disposal; and. x. Damaged door jam needs to be repaired.
The tenant did not remedy any of the breaches in these 14-day notices within the required periods and the only breach she has remedied is the unauthorised cabin has been removed from the premise.
The landlord was initially seeking a work order in addition to the termination of the tenancy and during the hearing the tenant sounded unsure whether she could in fact remedy the breaches raised repeatedly with her at all, let alone in a specified timeframe.
It am satisfied it would be inequitable to refuse to terminate the tenancy because: a. The tenant is not keeping the premises reasonably clean and tidy nor is she removing rubbish into bins and putting the bins out for collection on a regular basis; b. The tenant and her cat are causing considerable damage to the property, on an ongoing basis, and the tenant is failing to remedy any of this damage even when issued with 14-day notices; c. The tenant is leaving fire and trip hazards laying about that could cause a fire or an injury and may invalidate the landlord’s insurance; d. The house is unsanitary due to cat faces being left on the carpet in several rooms for lengthy periods of time causing damage to the carpet and pungent odours to permeate the house.
The tenancy is terminated, and the landlord granted possession on Monday 30 September 2024 at 11:59pm. The landlord has provided the tenant with a week to: a. Find alternative accommodation; b. Move out; c. Leave the premise and grounds reasonably clean and tidy; d. Remove all the rubbish and personal belongings from inside and outside the house; e. Remedy any damage done during the tenancy; and f. Replace any broken light bulbs and fire alarm batteries.
Where the tenant has failed to complete all the tasks listed in paragraph 9, the landlord will undertake these tasks at the tenant’s cost. Reimburse filing fee
Because Rental Hq Limited Acting Agent For Diane Miles has wholly succeeded with the claim, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4923935 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

The tenancy of Donna Wyatt at 50B Sungrove Rise, Sunnyvale, Auckland 0612 is terminated, and possession is granted to Rental Hq Limited Acting Agent For Diane Miles, at 11:59pm on Monday 30 September 2024.
Donna Wyatt must pay Rental Hq Limited Acting Agent For Diane Miles $20.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and possession as well as reimbursement of the filing fee.

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 her sections 40(1)(c),(d) and (2) obligations under the Residential Tenancies Act 1986 (RTA) and the tenancy agreement, specifically: a. The tenant was issued four 14 day notices on 29 February 2024 for the following s40 of the RTA breaches: i. Ripped/torn net curtains in the bedrooms and lounge from cat damage; ii. Remove a cabin placed on the premise without the landlord’s consent and damaging the exterior cladding of the premise by drilling into it and causing weathertight issues to the premise that require silicon treatment every 5 years; iii. Remove rubbish strewn over yard; iv. Resow grass seed on damaged grass; v. Repair damage to the lounge wall; vi. Vacuum floors; vii. Remove wires that are a trip/fire hazard; viii. Remove rubbish atop the stove that is a fire risk; ix. Repair broken cat flap on cat door; x. Place rubbish in bins and place full bins out for collection; xi. Clean bedroom and lounge floors; xii. Clean bathroom and toilet and shower glass; xiii. Repair bathroom door jam and repaint it the same colour; xiv. Repair windowsills that have cat scratch damage, repaint in same colour; and xv. Remove carpet stains for bedroom 2. b. On 17 May 2024 a further 14-day notice was issued for the same issues as set out in the 29 February 2024 notices, minus the cabin related issues; c. On 6 August 2024 a further 14-day notice was issued for the following: i. Cat door needs to be repaired; ii. Net curtains that were/are ripped, replaced; iii. Food etc on floor and walls cleaned; iv. Property needs to be presented reasonably clean and tidy; v. Matches were noted on the floor in the master bedroom. This is unsafe especially with young children at the property; vi. Windowsills need to be cleaned of food etc and cat damages fixed; vii. Old cat poo (noted in last inspection) in master and bedroom 3 still hasn’t been cleaned up. In bedroom 3 a mattress has been placed on the floor covering it; viii. Kitty Litter Box on the carpet in bedroom 3. This needs to be moved to a lined area so the cat isn’t using carpet areas as a toilet; ix. Rubbish needs disposal; and. x. Damaged door jam needs to be repaired.
The tenant did not remedy any of the breaches in these 14-day notices within the required periods and the only breach she has remedied is the unauthorised cabin has been removed from the premise.
The landlord was initially seeking a work order in addition to the termination of the tenancy and during the hearing the tenant sounded unsure whether she could in fact remedy the breaches raised repeatedly with her at all, let alone in a specified timeframe.
It am satisfied it would be inequitable to refuse to terminate the tenancy because: a. The tenant is not keeping the premises reasonably clean and tidy nor is she removing rubbish into bins and putting the bins out for collection on a regular basis; b. The tenant and her cat are causing considerable damage to the property, on an ongoing basis, and the tenant is failing to remedy any of this damage even when issued with 14-day notices; c. The tenant is leaving fire and trip hazards laying about that could cause a fire or an injury and may invalidate the landlord’s insurance; d. The house is unsanitary due to cat faces being left on the carpet in several rooms for lengthy periods of time causing damage to the carpet and pungent odours to permeate the house.
The tenancy is terminated, and the landlord granted possession on Monday 30 September 2024 at 11:59pm. The landlord has provided the tenant with a week to: a. Find alternative accommodation; b. Move out; c. Leave the premise and grounds reasonably clean and tidy; d. Remove all the rubbish and personal belongings from inside and outside the house; e. Remedy any damage done during the tenancy; and f. Replace any broken light bulbs and fire alarm batteries.
Where the tenant has failed to complete all the tasks listed in paragraph 9, the landlord will undertake these tasks at the tenant’s cost. Reimburse filing fee
Because Rental Hq Limited Acting Agent For Diane Miles has wholly succeeded with the claim, I must reimburse the filing fee.

Tenancy Tribunal case 4923935 — Tenancy dispute at 50B Sungrove Rise, Sunnyvale, Auckland 0612

At a glance

Tenancy Tribunal case 4923935 — Tenancy dispute at 50B Sungrove Rise, Sunnyvale, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions