What was the outcome of Tenancy Tribunal case 5059388?

The tribunal order states: Colliers New Zealand Limited Acting Agent For Office Of Treaty Settlements is

How much money was awarded in case 5059388?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5059388?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5059388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11107828-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5059388?

The tribunal order states: Colliers New Zealand Limited Acting Agent For Office Of Treaty Settlements is

How much money was awarded in case 5059388?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5059388?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5059388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11107828-Tenancy_Tribunal_Order.pdf.

19 Rangitahi Street, Otorohanga, Otorohanga 3900 Tenancy Tribunal Case 5059388 — Property damage

Reasons

Mr Van Helsdingen, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 636, was called twice, with no response. As the tenant was served, the hearing proceeded in his absence.

The landlord has applied for possession of the premises following the termination of the tenancy.

The landlord issued a 90-day termination notice dated 22 July 2024 to the tenant indicating that the landlord intends to complete major works at the property. The last day of the tenancy in this termination notice was to be 25 October 2024. The landlord said the tenant still has not vacated the property.

The landlord said the property requires work due to significant damage to the property caused by the tenant, as well as work which the property requires due to its age. The landlord provided a copy of an inspection report in February 2024. The landlord said there are holes in the walls in every room in the house, caused by the tenant, which will require some plastering but some walls which will need to be removed, given the size of the holes. The photographs showed multiple holes in the walls at the property, some holes extremely large, significant degradation of the carpets at the property, where large patches of flooring is visible where carpet should be, and very poor overall condition of the property’s interior.

The landlord said a major refurbishment of the kitchen is required, with replacement of the floor and cabinetry, as there are loose floorboards at the property, the bathroom will require replacement of the shower and bath, given their age, new carpeting is needed throughout the whole property, a full painting of the interior is required after the walls are plastered or replaced.

The landlord said the tenant cannot live at the property whilst the work is done, as the bathroom renovations will remove any facilities for the tenant to use, the floor works will require an empty property and there is a risk of asbestos at the property due to the age of the house.

The landlord indicated that, should they be granted possession of the property, the landlord will conduct a final inspection of the property before sending in its project management team and contractors to assess the full extent of the work required and then begin work. All this would be within around 4 weeks of any possession date, according to the landlord.

Section 51 Residential Tenancies Act 1986 (“RTA”) provides that a landlord may terminate a periodic tenancy by giving at least 90 days’ notice if extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and; i. It would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and ii. The work is to begin, or material steps towards it are to be taken, within 90 days after the termination date.

The termination notice dated 22 July 2024 meets the requirements of section 51(3) RTA.

I find the landlord has provided sufficient evidence to show that it is likely significant work is required at the property, that it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken, and the work is to begin within 90 days after the termination date.

The landlord did not apply for reimbursement of the filing fee.

Order

Colliers New Zealand Limited Acting Agent For Office Of Treaty Settlements is granted possession of the premises at 19 Rangitahi Street, Otorohanga, Otorohanga 3900 immediately.

Reasons

Mr Van Helsdingen, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 636, was called twice, with no response. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for possession of the premises following the termination of the tenancy.
The landlord issued a 90-day termination notice dated 22 July 2024 to the tenant indicating that the landlord intends to complete major works at the property. The last day of the tenancy in this termination notice was to be 25 October 2024. The landlord said the tenant still has not vacated the property.
The landlord said the property requires work due to significant damage to the property caused by the tenant, as well as work which the property requires due to its age. The landlord provided a copy of an inspection report in February 2024. The landlord said there are holes in the walls in every room in the house, caused by the tenant, which will require some plastering but some walls which will need to be removed, given the size of the holes. The photographs showed multiple holes in the walls at the property, some holes extremely large, significant degradation of the carpets at the property, where large patches of flooring is visible where carpet should be, and very poor overall condition of the property’s interior.
The landlord said a major refurbishment of the kitchen is required, with replacement of the floor and cabinetry, as there are loose floorboards at the property, the bathroom will require replacement of the shower and bath, given their age, new carpeting is needed throughout the whole property, a full painting of the interior is required after the walls are plastered or replaced.
The landlord said the tenant cannot live at the property whilst the work is done, as the bathroom renovations will remove any facilities for the tenant to use, the floor works will require an empty property and there is a risk of asbestos at the property due to the age of the house.
The landlord indicated that, should they be granted possession of the property, the landlord will conduct a final inspection of the property before sending in its project management team and contractors to assess the full extent of the work required and then begin work. All this would be within around 4 weeks of any possession date, according to the landlord.
Section 51 Residential Tenancies Act 1986 (“RTA”) provides that a landlord may terminate a periodic tenancy by giving at least 90 days’ notice if extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and; i. It would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and ii. The work is to begin, or material steps towards it are to be taken, within 90 days after the termination date.
The termination notice dated 22 July 2024 meets the requirements of section 51(3) RTA.
I find the landlord has provided sufficient evidence to show that it is likely significant work is required at the property, that it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken, and the work is to begin within 90 days after the termination date.
The landlord did not apply for reimbursement of the filing fee.

Tenancy Tribunal case 5059388 — Property damage at 19 Rangitahi Street, Otorohanga, Otorohanga 3900

At a glance

Tenancy Tribunal case 5059388 — Property damage at 19 Rangitahi Street, Otorohanga, Otorohanga 3900

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