What was the outcome of Tenancy Tribunal case 5154575?

The tribunal order states: The tenancy of Adam Hoare at Unit/Flat Flat 2, 226 Owen Street, Newtown,

How much money was awarded in case 5154575?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5154575?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5154575?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11607852-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5154575?

The tribunal order states: The tenancy of Adam Hoare at Unit/Flat Flat 2, 226 Owen Street, Newtown,

How much money was awarded in case 5154575?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5154575?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5154575?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11607852-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 226 Owen Street, Newtown, Wellington Tenancy Tribunal Case 5154575 — 14-day notice

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Reasons

Both parties attended the hearing.

The Landlord has applied to terminate the tenancy pursuant to s 56 Residential Tenancies Act 1986 (RTA) and has served several breach notices on the Tenant.

The Tenant feels the Landlord’s evidence has been unlawfully obtained and his quiet enjoyment has been interfered with.

The Tenant initially hung up the phone, early on in our phone hearing, he later said, because he was frustrated by the Landlord’s behaviour. He disconnected again, towards the end of the hearing, before I could ask him further questions around how his tenancy might continue. I gather he was unhappy with what he was hearing, and I did not try to call him back again. It was apparent, at that stage, what the law required me to do.

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 using and/or storing illegal substances on the property and smoking in a manner that breaches their tenancy agreement. These actions violate specific clauses in the tenancy agreement and the RTA, namely: a. Illegal Substances: As stated on page 4 of the tenancy agreement: “The tenant must not use or store any illegal drugs or substances, or any substances used in the manufacture of drugs at the property.” b. Smoking: As stated on page 2 of the tenancy agreement: “No smoking in the property. Any smoking outside of property must not cause any nuisance to any other resident/s.” c. Use of the premises for an unlawful purpose – marijuana being an illicit substance – is an unlawful act under the RTA.

The Landlord served 14-day notices on the Tenant on 17 October 2024, 23 October 2024, and 15 January 2025, but the Tenant has continued to smoke marijuana, on his own admission.

The property manager gave direct evidence of having observed the Tenant either smoking marijuana or the smell of marijuana coming from his flat.

It would be inequitable to refuse to terminate the tenancy because the tenant has repeatedly engaged in unlawful and prohibited conduct despite multiple warnings and formal notices. The continued presence of illegal substances poses serious legal and safety concerns, and the smoking violations have caused nuisance and distress to other residents. Given the repeated nature of these breaches and the Tenant’s failure to rectify them, allowing the tenancy to continue would place an undue burden on the landlord and other tenants.

Despite repeated warnings and opportunities to comply, the Tenant has failed to adhere to the terms of the tenancy agreement. Given the serious and ongoing nature of these breaches, it is just and reasonable to terminate the tenancy.

Reasons

Both parties attended the hearing.

The Landlord has applied to terminate the tenancy pursuant to s 56 Residential Tenancies Act 1986 (RTA) and has served several breach notices on the Tenant.

The Tenant feels the Landlord’s evidence has been unlawfully obtained and his quiet enjoyment has been interfered with.

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 14-day notices on the Tenant on 17 October 2024, 23 October 2024, and 15 January 2025, but the Tenant has continued to smoke marijuana, on his own admission.

The property manager gave direct evidence of having observed the Tenant either smoking marijuana or the smell of marijuana coming from his flat.

Tenancy Tribunal case 5154575 — 14-day notice at Unit/Flat Flat 2, 226 Owen Street, Newtown, Wellington

At a glance

Tenancy Tribunal case 5154575 — 14-day notice at Unit/Flat Flat 2, 226 Owen Street, Newtown, Wellington

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions