What was the outcome of Tenancy Tribunal case 5015128?

The tribunal order states: The tenancy of Hinekura Green at 29C Kauri Street, Tokoroa, Tokoroa 3420 is

How much money was awarded in case 5015128?

Ated, And Possession Is Granted To B…: $267.86 awarded to landlord

What type of tenancy dispute was case 5015128?

The dispute type was not classified.

Where can I read the official tribunal order for case 5015128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10989834-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5015128?

The tribunal order states: The tenancy of Hinekura Green at 29C Kauri Street, Tokoroa, Tokoroa 3420 is

How much money was awarded in case 5015128?

Ated, And Possession Is Granted To B…: $267.86 awarded to landlord

What type of tenancy dispute was case 5015128?

The dispute type was not classified.

Where can I read the official tribunal order for case 5015128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10989834-Tenancy_Tribunal_Order.pdf.

29C Kauri Street, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5015128 — Tenancy dispute

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29C Kauri Street, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5015128 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5015128. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024. 2. Hinekura Green is to pay B & E	$267.86		ated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024. 2. Hinekura Green is to pay B & E

Claims and awards for application 5015128. Verify on MoJ.

ated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024. 2. Hinekura Green is to pay B & E

Amount: $267.86
Awarded to: Landlord
Reason: ated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024. 2. Hinekura Green is to pay B & E

Order

The tenancy of Hinekura Green at 29C Kauri Street, Tokoroa, Tokoroa 3420 is terminated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024.
Hinekura Green is to pay B & E Rentals Limited $267.86 immediately.

Reasons

Both parties attended the hearing.
The Landlord has applied for termination of the tenancy for breach of the Tenant’s obligations.
The Tenant owes $267.86 in rent to the Landlord for a rent refund issued by the Landlord based on the Tenant’s request and Landlord’s agreement for the Tenant to leave the premises and move on 5 September. The Landlord refunded the Tenant her rent payment, but she did not leave the premises.

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: s 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The Tenant has breached their obligations by using the premises for an unlawful purpose, smoking marijuana inside the premises. The Landlord has worked with the Tenant, convening meetings with her support workers, and has given her multiple opportunities to stop using drugs.
The Tenant acknowledged that she was leaving the home to smoke and was working towards becoming drug free altogether so she can have her son return to her care. She is to be commended for her resolve in that respect.
The Tenant said she was no longer using methamphetamine and implied there had been methamphetamine use at the property also, though perhaps not by her, but rather, someone who had been living at the premises with her, she clarified.
Drug use is an offence under the Misuse of Drugs Act 1975. A stigma attaches to properties where there has been drug use and it can have other, undesirable, antisocial effects. I called witnesses, the Tenant’s neighbours, who gave evidence of domestic disturbances between the Tenant and her on-off partner and that there had been two or three Police callouts in the week prior to the hearing. One of the Police reports notes, “As a consequence of the search two homemade bongs and 9 rounds of ammunition were located.”
It would be inequitable to refuse to terminate the tenancy in these circumstances.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5015128. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024. 2. Hinekura Green is to pay B & E	$267.86		ated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024. 2. Hinekura Green is to pay B & E

Claims and awards for application 5015128. Verify on MoJ.

ated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024. 2. Hinekura Green is to pay B & E

Amount: $267.86
Awarded to: Landlord
Reason: ated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024. 2. Hinekura Green is to pay B & E

Order

The tenancy of Hinekura Green at 29C Kauri Street, Tokoroa, Tokoroa 3420 is terminated, and possession is granted to B & E Rentals Limited on Tuesday, 29 October 2024.
Hinekura Green is to pay B & E Rentals Limited $267.86 immediately.

Reasons

Both parties attended the hearing.
The Landlord has applied for termination of the tenancy for breach of the Tenant’s obligations.
The Tenant owes $267.86 in rent to the Landlord for a rent refund issued by the Landlord based on the Tenant’s request and Landlord’s agreement for the Tenant to leave the premises and move on 5 September. The Landlord refunded the Tenant her rent payment, but she did not leave the premises.

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: s 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The Tenant has breached their obligations by using the premises for an unlawful purpose, smoking marijuana inside the premises. The Landlord has worked with the Tenant, convening meetings with her support workers, and has given her multiple opportunities to stop using drugs.
The Tenant acknowledged that she was leaving the home to smoke and was working towards becoming drug free altogether so she can have her son return to her care. She is to be commended for her resolve in that respect.
The Tenant said she was no longer using methamphetamine and implied there had been methamphetamine use at the property also, though perhaps not by her, but rather, someone who had been living at the premises with her, she clarified.
Drug use is an offence under the Misuse of Drugs Act 1975. A stigma attaches to properties where there has been drug use and it can have other, undesirable, antisocial effects. I called witnesses, the Tenant’s neighbours, who gave evidence of domestic disturbances between the Tenant and her on-off partner and that there had been two or three Police callouts in the week prior to the hearing. One of the Police reports notes, “As a consequence of the search two homemade bongs and 9 rounds of ammunition were located.”
It would be inequitable to refuse to terminate the tenancy in these circumstances.

Tenancy Tribunal case 5015128 — Tenancy dispute at 29C Kauri Street, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 5015128 — Tenancy dispute at 29C Kauri Street, Tokoroa, Tokoroa 3420

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions