How much money was awarded in case 5006115?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5006115?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5006115?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11096205-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5006115?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5006115?

The primary dispute was Smoke alarms.

Where can I read the official tribunal order for case 5006115?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11096205-Tenancy_Tribunal_Order.pdf.

13 Freyberg Crescent, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5006115 — Smoke alarms

Q: What was the outcome of Tenancy Tribunal case 5006115?

The tribunal order states: The landlord and/or their agents are entitled to access the premises between

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Order

The landlord and/or their agents are entitled to access the premises between 8am and 7pm on any day to perform a routine inspection and to check the smoke alarms by giving 24 hours’ notice in writing by email and text message to the tenant.

If the tenant does not comply with this order and fails to give access without reasonable excuse the landlord may request a further hearing and termination for failure to provide access will be reconsidered.

Reasons

The landlord attended the hearing today.

The landlord has applied for termination of the tenancy for breach of a “no pet” clause, failure by the tenant to provide access for an inspection and to check the smoke alarms, and for outgoings.

The claim for water charges was withdrawn at the hearing. There is a rent credit which can be applied towards the water charges.

The Tribunal may terminate a tenancy for breach where the breach is “of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy” (section 56 of the Residential Tenancies Act 1986).

Not every breach of a “no pet” clause will justify termination, and the Tribunal notes that the law in this area is likely to change soon (see the Residential Tenancies Amendment Bill 45-2). The Tribunal will need to consider all relevant circumstances before deciding whether to terminate, including (if it is the case) why the landlord objects to the tenant having a dog. The Amendment Bill suggests that relevant considerations may include: the number, size, and type of pets; their propensity to cause damage; the suitability of the premises; and in the case of a dog, whether it is classified as dangerous.

More fundamental is the landlord’s right to inspect the premises and to gain access to check that the smoke alarms are working. There is some evidence that there have been ongoing difficulties obtaining access for about 5 months and a lack of communication from the tenant. On 16 September 2024 the landlord says the tenant locked the door with a chain to prevent entry.

Access is necessary so that the landlord can check the condition of the premises and ensure that the smoke alarms are working, and the premises are safe. An inability to do so may compromise the tenant’s safety and may affect the landlord’s insurance.

The landlord also requires access so that they can assess whether it may be appropriate to consent to the tenant having a dog, and if so, on what (reasonable) conditions.

I have directed that the landlord may inspect on 24 hours’ notice. This is a reduction from the usual 48 hours given the delay. The last inspection was in February 2024. Filing fee and suppression

The Tribunal will determine whether the tenant should pay the filing fee if the matter comes back before the Tribunal. The was no application for suppression.

Order

Reasons

The landlord attended the hearing today.

The claim for water charges was withdrawn at the hearing. There is a rent credit which can be applied towards the water charges.

The landlord also requires access so that they can assess whether it may be appropriate to consent to the tenant having a dog, and if so, on what (reasonable) conditions.

I have directed that the landlord may inspect on 24 hours’ notice. This is a reduction from the usual 48 hours given the delay. The last inspection was in February 2024. Filing fee and suppression

The Tribunal will determine whether the tenant should pay the filing fee if the matter comes back before the Tribunal. The was no application for suppression.

Tenancy Tribunal case 5006115 — Smoke alarms at 13 Freyberg Crescent, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 5006115 — Smoke alarms at 13 Freyberg Crescent, Pukekohe, Pukekohe 2120

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions