What was the outcome of Tenancy Tribunal case 4977407?

The tribunal order states: The Tenancy of Peter Wolff at 34 Botanical Road, Takaro, Palmerston North

How much money was awarded in case 4977407?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4977407?

The dispute type was not classified.

Where can I read the official tribunal order for case 4977407?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11003617-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4977407?

The tribunal order states: The Tenancy of Peter Wolff at 34 Botanical Road, Takaro, Palmerston North

How much money was awarded in case 4977407?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4977407?

The dispute type was not classified.

Where can I read the official tribunal order for case 4977407?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11003617-Tribunal_Order.pdf.

34 Botanical Road, Takaro, Palmerston North 4412 Tenancy Tribunal Case 4977407 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 4977407 — 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

Both parties attended the hearing by telephone. The Tenant attended by telephone briefly however advised they were unable to participate because they were ill. They then disconnected from the telephone call and did not answer when the Tribunal called them back.

On 24 October 2024, directions were made for the Tenant to provide a medical certificate by Friday 25 October 2024 at 4.00pm to prove they were unable to attend the hearing. This was not received by the Tribunal so the Tribunal will proceed with determining the Landlords application.

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 repeatedly breaching the quiet enjoyment of the neighbouring tenants in sending abusive notes to the neighbours, verbally abusing neighbours and the landlord’s agents and lighting fires in the grass area on two occasions. The Landlord provided evidence of the abusive notes written by the Tenant to the neighbours, photographs of where the fires by the Tenant were lit and text messages received from a neighbour stating how abusive he was. More recently the Landlord submitted the Tenant was acting inappropriately towards the neighbours daughter. The Tenant also allowed a third party to reside in their garage which was not permitted by the Tenancy Agreement.

The landlord served a 14-day notice on the tenant on 12 August 2024 and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because the Tenants abusive behaviour towards the neighbouring Tenants appeared to be ongoing. The Landlord has sent a few notices to the Tenant regarding their abusive behaviour however the abuse continued right up to 22 October 2024. The Tenant was given several opportunities to remedy their behaviour and to attend the hearing to provide their side of the story. They did not. The Landlord submitted the Tenant not attending the hearing was part of a pattern of behaviour which was characteristic of the Tenant so they could avoid dealing with the issues.

The tenancy of the Tenant is terminated immediately.

As the landlord has been wholly successful, the Tenant must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4977407 — 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 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 served a 14-day notice on the tenant on 12 August 2024 and the tenant did not remedy the breach within the required period.

The tenancy of the Tenant is terminated immediately.

As the landlord has been wholly successful, the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4977407 — Tenancy dispute at 34 Botanical Road, Takaro, Palmerston North 4412

At a glance

Tenancy Tribunal case 4977407 — Tenancy dispute at 34 Botanical Road, Takaro, Palmerston North 4412

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