What was the outcome of Tenancy Tribunal case 5178911?

The tribunal order states: Whakatangihau Paumar Tawaka Randall must permanently remove the dog

How much money was awarded in case 5178911?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5178911?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5178911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11702928-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5178911?

The tribunal order states: Whakatangihau Paumar Tawaka Randall must permanently remove the dog

How much money was awarded in case 5178911?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5178911?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5178911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11702928-Tenancy_Tribunal_Order.pdf.

14 Featherston Crescent, Otara, Auckland 2023 Tenancy Tribunal Case 5178911 — 14-day notice

Order

Whakatangihau Paumar Tawaka Randall must permanently remove the dog residing at 14 Featherston Crescent, Otara, Auckland no later than midday, Monday 28 April 2025.
If the tenant fails to permanently remove the dog from 14 Featherston Crescent, Otara, Auckland by midday, Monday 28 April 2025, the tenancy at 14 Featherston Crescent, Otara, Auckland 2023 will terminate and the landlord will have immediate possession of the premises.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. A prior attempt to resolve the matter via mediation was unsuccessful.

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 having a dog at the premises without landlord approval as required.
The landlord served a notice on the tenant on 28 November 2024, requiting the dog be removed by 18 December 2024. The tenant did not remedy the breach within the required period, and the dog remains at the premises.
It would be inequitable to refuse to terminate the tenancy because the premises is part of a neighbourhood where the landlord has other properties and has instituted a dog free policy due to historic issues and concerns in the neighbourhood. This condition was clearly signalled prior to the tenant accepting this tenancy but the tenant assured the landlord a dog would not reside. This assurance was not met.
The result is unfortunate as I understand alternative premises, more suitable, may have been offered as an alternative.

Should a conditional termination order be made?

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. 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. See section 56(1) Residential Tenancies Act 1986. That sequence has completed here.
Given the circumstances, I have granted a conditional termination as an alternative to a termination order today. See section 78(3) Residential Tenancies Act 1986. It is hoped the tenant will be able to rehome the dog so the tenancy can continue. The success of that lies with the tenant.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Order

Whakatangihau Paumar Tawaka Randall must permanently remove the dog residing at 14 Featherston Crescent, Otara, Auckland no later than midday, Monday 28 April 2025.
If the tenant fails to permanently remove the dog from 14 Featherston Crescent, Otara, Auckland by midday, Monday 28 April 2025, the tenancy at 14 Featherston Crescent, Otara, Auckland 2023 will terminate and the landlord will have immediate possession of the premises.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. A prior attempt to resolve the matter via mediation was unsuccessful.

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 having a dog at the premises without landlord approval as required.
The landlord served a notice on the tenant on 28 November 2024, requiting the dog be removed by 18 December 2024. The tenant did not remedy the breach within the required period, and the dog remains at the premises.
It would be inequitable to refuse to terminate the tenancy because the premises is part of a neighbourhood where the landlord has other properties and has instituted a dog free policy due to historic issues and concerns in the neighbourhood. This condition was clearly signalled prior to the tenant accepting this tenancy but the tenant assured the landlord a dog would not reside. This assurance was not met.
The result is unfortunate as I understand alternative premises, more suitable, may have been offered as an alternative.

Should a conditional termination order be made?

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. 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. See section 56(1) Residential Tenancies Act 1986. That sequence has completed here.
Given the circumstances, I have granted a conditional termination as an alternative to a termination order today. See section 78(3) Residential Tenancies Act 1986. It is hoped the tenant will be able to rehome the dog so the tenancy can continue. The success of that lies with the tenant.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Tenancy Tribunal case 5178911 — 14-day notice at 14 Featherston Crescent, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 5178911 — 14-day notice at 14 Featherston Crescent, Otara, Auckland 2023

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions