What was the outcome of Tenancy Tribunal case 4926093?

The tribunal order states: The tenancy of Jessica McGregor at Unit/Flat Unit G06, 325 Victoria Avenue,

How much money was awarded in case 4926093?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4926093?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4926093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10912142-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4926093?

The tribunal order states: The tenancy of Jessica McGregor at Unit/Flat Unit G06, 325 Victoria Avenue,

How much money was awarded in case 4926093?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4926093?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4926093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10912142-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit G06, 325 Victoria Avenue, Whanganui, Tenancy Tribunal Case 4926093 — 14-day notice

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

This Order follows upon the Tribunal’s order of 23 August 2024 (“the Order).

In the Order the tenant was given until 10 am Monday 2 September 2024 to make the premises reasonably clean and tidy.

The Order records: “7. The landlord explained that the parties had tried mediation but that the tenant had not stuck to the mediated agreement. She explained that this issue had been an ongoing problem and that the landlord’s concern was for the hygiene of the property and the risks of ongoing deterioration due to the tenant’s failure to keep the premises reasonably clean. The landlord’s application to the Tribunal was a final measure to engage the tenant and have her understand the seriousness of the issue.

The tenant agreed that there were tasks that needed to be completed and a list was made for her guidance. The tenant agreed to complete these tasks and accepted that a period of ten days, including two weekends, was adequate to get the work done.

It has been made clear to the tenant at the hearing that if she does not complete these tasks and bring the premises up to a reasonably clean and tidy standard by 10 am Monday 2 September 2024, the landlord will apply to have its application re-opened and the Tribunal will be asked to consider terminating the tenancy.”

The landlord gave verbal evidence and provided an inspection report from 2 September 2024 confirming that the property was still not reasonably clean and tidy and the tenant had not completed the list of specific items requiring her attention in the Order.

Further, the landlord gave evidence and submitted a further inspection report from yesterday 3 October 2024 confirming that the property remained not reasonably clean and tidy.

The landlord issued a further notice to the tenant on 6 September 2024 noting that the tenant had not complied with the Order and that the application for termination would be pursued.

The landlord advised that she had told the tenant yesterday that the landlord would be seeking termination at today’s hearing.

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.

It would be inequitable to refuse to terminate the tenancy because: a. The tenant has been given adequate opportunities over several months to bring the property up to an acceptable standard and has repeatedly failed to do so. b. The tenant has breached a mediated order and now the Tribunal’s order, knowing that termination was likely. c. The tenant is either incapable or unwilling to make the property reasonably clean and tidy. d. The breach is serious and longstanding. e. The landlord has done its best to assist the tenant in bringing the property up to an acceptable standard, but the tenant has not co-operated.

It is appropriate in these circumstances to grant the landlord’s application for termination.

Order

The tenancy of Jessica McGregor at Unit/Flat Unit G06, 325 Victoria Avenue, Whanganui, Whanganui 4500 is terminated, and possession is granted to Home In Place (New Zealand) Limited, at 11.59 pm Friday 18 October 2024.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

This Order follows upon the Tribunal’s order of 23 August 2024 (“the Order).
In the Order the tenant was given until 10 am Monday 2 September 2024 to make the premises reasonably clean and tidy.
The Order records: “7. The landlord explained that the parties had tried mediation but that the tenant had not stuck to the mediated agreement. She explained that this issue had been an ongoing problem and that the landlord’s concern was for the hygiene of the property and the risks of ongoing deterioration due to the tenant’s failure to keep the premises reasonably clean. The landlord’s application to the Tribunal was a final measure to engage the tenant and have her understand the seriousness of the issue.
The tenant agreed that there were tasks that needed to be completed and a list was made for her guidance. The tenant agreed to complete these tasks and accepted that a period of ten days, including two weekends, was adequate to get the work done.
It has been made clear to the tenant at the hearing that if she does not complete these tasks and bring the premises up to a reasonably clean and tidy standard by 10 am Monday 2 September 2024, the landlord will apply to have its application re-opened and the Tribunal will be asked to consider terminating the tenancy.”
The landlord gave verbal evidence and provided an inspection report from 2 September 2024 confirming that the property was still not reasonably clean and tidy and the tenant had not completed the list of specific items requiring her attention in the Order.
Further, the landlord gave evidence and submitted a further inspection report from yesterday 3 October 2024 confirming that the property remained not reasonably clean and tidy.
The landlord issued a further notice to the tenant on 6 September 2024 noting that the tenant had not complied with the Order and that the application for termination would be pursued.
The landlord advised that she had told the tenant yesterday that the landlord would be seeking termination at today’s hearing.
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.
It would be inequitable to refuse to terminate the tenancy because: a. The tenant has been given adequate opportunities over several months to bring the property up to an acceptable standard and has repeatedly failed to do so. b. The tenant has breached a mediated order and now the Tribunal’s order, knowing that termination was likely. c. The tenant is either incapable or unwilling to make the property reasonably clean and tidy. d. The breach is serious and longstanding. e. The landlord has done its best to assist the tenant in bringing the property up to an acceptable standard, but the tenant has not co-operated.
It is appropriate in these circumstances to grant the landlord’s application for termination.

Tenancy Tribunal case 4926093 — 14-day notice at Unit/Flat Unit G06, 325 Victoria Avenue, Whanganui,

At a glance

Tenancy Tribunal case 4926093 — 14-day notice at Unit/Flat Unit G06, 325 Victoria Avenue, Whanganui,

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