How much money was awarded in case 4969953?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4969953?

The dispute type was not classified.

Where can I read the official tribunal order for case 4969953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10917751-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4969953?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4969953?

The dispute type was not classified.

Where can I read the official tribunal order for case 4969953?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10917751-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 6, 131 Hastings Street East, Sydenham, Tenancy Tribunal Case 4969953 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 4969953?

The tribunal order states: The tenancy of Hannah McAlister at Unit/Flat Unit 6, 131 Hastings Street East,

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Order

Claims and awards in Tenancy Tribunal application 4969953 — 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

The tenancy of Hannah McAlister at Unit/Flat Unit 6, 131 Hastings Street East, Sydenham, Christchurch 8023 is terminated, and possession is granted to Otautahi Community Housing Trust, at 11.59 am on Friday 11 October 2024.

Hannah McAlister must pay Otautahi Community Housing Trust $27.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended this remote hearing.

The tenant answered the telephone call to her. She said that she was unwell and that the Tribunal should just give her an eviction notice. The tenant then ended the phone call. The hearing continued in the absence of the tenant.

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 tenant has breached their obligations by failing to allow the landlord entry to the premises to conduct an inspection after notice of the inspection had been given.

The tenant has a history of failing to allow entry to the landlord, following the appropriate notice being served and having premises which are not reasonably clean and tidy.

On 8 July 2024, the landlord went to the premises to carry out an inspection. The tenant answered the door and declined entry saying “I’m just out of hospital, you cannot enter, and you will need to terminate my tenancy to get in.”

The landlord was entitled to access having served the appropriate notice to enter on the tenant.

The landlord served a 14-day notice on the tenant on 8 July 2024. The notice required the tenant to contact the landlord to arrange a time for an inspection to be carried out by 28 July 2024.

The tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because this is not the first 14 day breach notice served for this exact reason on the tenant. The landlord provided photos of the premises taken in March and May of 2024. The unit is 4 years old. The photos disclose that the premises are extremely dirty, both inside and out. Rubbish is piled up outside and would no doubt be a health hazard. Substantial damage has occurred. It may well be that the tenant does not wish to allow the landlord access as the landlord would then be able to confirm the state of the premises currently.

The tenancy is terminated.

As Otautahi Community Housing Trust has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4969953 — 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

Hannah McAlister must pay Otautahi Community Housing Trust $27.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended this remote 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 tenant has breached their obligations by failing to allow the landlord entry to the premises to conduct an inspection after notice of the inspection had been given.

The tenant has a history of failing to allow entry to the landlord, following the appropriate notice being served and having premises which are not reasonably clean and tidy.

The landlord was entitled to access having served the appropriate notice to enter on the tenant.

The landlord served a 14-day notice on the tenant on 8 July 2024. The notice required the tenant to contact the landlord to arrange a time for an inspection to be carried out by 28 July 2024.

The tenant did not remedy the breach within the required period.

The tenancy is terminated.

As Otautahi Community Housing Trust has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4969953 — Tenancy dispute at Unit/Flat Unit 6, 131 Hastings Street East, Sydenham,

At a glance

Tenancy Tribunal case 4969953 — Tenancy dispute at Unit/Flat Unit 6, 131 Hastings Street East, Sydenham,

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