What was the outcome of Tenancy Tribunal case 4934920?

The tribunal order states: The tenancy of Alicia Joyce Peri Unit 13 Room A, 34 Index Place, Manurewa,

How much money was awarded in case 4934920?

Rentals Limited As Agent For Bentley…: $20.44 awarded to landlord

What type of tenancy dispute was case 4934920?

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

Where can I read the official tribunal order for case 4934920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10761945-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4934920?

The tribunal order states: The tenancy of Alicia Joyce Peri Unit 13 Room A, 34 Index Place, Manurewa,

How much money was awarded in case 4934920?

Rentals Limited As Agent For Bentley…: $20.44 awarded to landlord

What type of tenancy dispute was case 4934920?

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

Where can I read the official tribunal order for case 4934920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10761945-Tenancy_Tribunal_Order.pdf.

Unit 13 Room A, 34 Index Place, Manurewa, Auckland 2105 Tenancy Tribunal Case 4934920 — 14-day notice

Order

Claims and awards in Tenancy Tribunal application 4934920. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rentals Limited as agent for Bentley Studios Ltd at the end of Sunday 1 September 2024. 2. The tenant must immediately p	$20.44		Rentals Limited as agent for Bentley Studios Ltd at the end of Sunday 1 September 2024. 2. The tenant must immediately p

The tenancy of Alicia Joyce Peri Unit 13 Room A, 34 Index Place, Manurewa, Auckland 2105 is terminated, and possession is granted to Lodge City Rentals Limited as agent for Bentley Studios Ltd at the end of Sunday 1 September 2024.

The tenant must immediately pay the landlord $20.44 for the filing fee.

Reasons

Courtney Mackie and Matthew Berryman attended the hearing for the landlord’s agent.

The tenant did not attend. The hearing proceeded in her absence.

The landlord has applied for termination of the tenancy for the tenant breaching their obligations.

The tenant and has been the source of many problems at the premises, particularly from late last year.

A neighbouring tenant’s credit card was stolen, and the stolen card was later found in the tenant’s room. Another neighbouring tenant’s car’s number plate was stolen, and the tenant was recorded on camera assisting the principal offender. The tenancy’s television - provided as a chattel - has disappeared. Another tenant has reported the tenant has been consuming unlawful drugs at the premises and vaping, in breach of the criminal law and the terms of the tenancy agreement. The tenant has failed to replace the room’s smoke alarm batteries. She has allowed her partner to live at the address, thereby exceeding the tenancy agreement’s permissible maximum number of tenants.

Should the tenancy be terminated?

Legal principles

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. 1

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. Discussion

The tenant breached their obligation not to remove the landlord’s chattels from the premises without permission by removing the television from the room. The tenant has not returned the chattel despite the landlord’s notice requiring the tenant to bring it back issued on 18 June 2024.

The tenant has similarly breached her obligation to replace the smoke alarm’s batteries 2 despite the landlord’s 14-day notice to replace them issued on 18 June 2024.

The courts bailed the tenant’s partner to the premises. He lived there for a while at least. The landlord served the tenant a 14-day notice for the breach on 18 June 2024. It is not clear whether the tenant’s partner ceased living at the premise within the 14-say period. This breach may have been remedied within the 14-day period. 1 Residential Tenancies Act 1986 (RTA) s 56(1). 2 RTA, s 40(2)(c).

The tenant’s assistance in the theft of the number plate and the tenant’s failure to return the credit in her possession to the landlord’s other tenant breached the tenant’s obligation not to cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants. 3 There was no 14-day notice issued in respect to these, but they were not breaches that were capable of remedy, the damage was already done. Conclusion

The tenant has repeatedly breached her obligations as a tenant. The theft of the number plate and the failure to return the credit card involving neighbouring tenants would have been upsetting for the victims but also made the other tenants to feel their belongings were at risk.

The landlord is understandably concerned that the tenant may remove other chattels from the premises.

The tenant’s continued failure to replace the smoke alarm batteries puts the other tenant’s safety at risk.

The nature and the extent of the breaches are such that it would be inequitable to refuse to terminate the tenancy.

I consider the Tribunal should terminate the tenancy.

It follows, the Tribunal orders termination of the tenancy and possession in favour of the landlord. Filing fee

The tenant must reimburse the landlord for the filing fee.

Claims and awards in Tenancy Tribunal application 4934920. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rentals Limited as agent for Bentley Studios Ltd at the end of Sunday 1 September 2024. 2. The tenant must immediately p	$20.44		Rentals Limited as agent for Bentley Studios Ltd at the end of Sunday 1 September 2024. 2. The tenant must immediately p

Order

The tenancy of Alicia Joyce Peri Unit 13 Room A, 34 Index Place, Manurewa, Auckland 2105 is terminated, and possession is granted to Lodge City Rentals Limited as agent for Bentley Studios Ltd at the end of Sunday 1 September 2024.
The tenant must immediately pay the landlord $20.44 for the filing fee.

Reasons

Courtney Mackie and Matthew Berryman attended the hearing for the landlord’s agent.
The tenant did not attend. The hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for the tenant breaching their obligations.
The tenant and has been the source of many problems at the premises, particularly from late last year.
A neighbouring tenant’s credit card was stolen, and the stolen card was later found in the tenant’s room. Another neighbouring tenant’s car’s number plate was stolen, and the tenant was recorded on camera assisting the principal offender. The tenancy’s television - provided as a chattel - has disappeared. Another tenant has reported the tenant has been consuming unlawful drugs at the premises and vaping, in breach of the criminal law and the terms of the tenancy agreement. The tenant has failed to replace the room’s smoke alarm batteries. She has allowed her partner to live at the address, thereby exceeding the tenancy agreement’s permissible maximum number of tenants.

Should the tenancy be terminated?

Legal principles

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. 1
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. Discussion
The tenant breached their obligation not to remove the landlord’s chattels from the premises without permission by removing the television from the room. The tenant has not returned the chattel despite the landlord’s notice requiring the tenant to bring it back issued on 18 June 2024.
The tenant has similarly breached her obligation to replace the smoke alarm’s batteries 2 despite the landlord’s 14-day notice to replace them issued on 18 June 2024.
The courts bailed the tenant’s partner to the premises. He lived there for a while at least. The landlord served the tenant a 14-day notice for the breach on 18 June 2024. It is not clear whether the tenant’s partner ceased living at the premise within the 14-say period. This breach may have been remedied within the 14-day period. 1 Residential Tenancies Act 1986 (RTA) s 56(1). 2 RTA, s 40(2)(c).
The tenant’s assistance in the theft of the number plate and the tenant’s failure to return the credit in her possession to the landlord’s other tenant breached the tenant’s obligation not to cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants. 3 There was no 14-day notice issued in respect to these, but they were not breaches that were capable of remedy, the damage was already done. Conclusion
The tenant has repeatedly breached her obligations as a tenant. The theft of the number plate and the failure to return the credit card involving neighbouring tenants would have been upsetting for the victims but also made the other tenants to feel their belongings were at risk.
The landlord is understandably concerned that the tenant may remove other chattels from the premises.
The tenant’s continued failure to replace the smoke alarm batteries puts the other tenant’s safety at risk.
The nature and the extent of the breaches are such that it would be inequitable to refuse to terminate the tenancy.
I consider the Tribunal should terminate the tenancy.
It follows, the Tribunal orders termination of the tenancy and possession in favour of the landlord. Filing fee
The tenant must reimburse the landlord for the filing fee.

Tenancy Tribunal case 4934920 — 14-day notice at Unit 13 Room A, 34 Index Place, Manurewa, Auckland 2105

At a glance

Tenancy Tribunal case 4934920 — 14-day notice at Unit 13 Room A, 34 Index Place, Manurewa, Auckland 2105

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