What was the outcome of Tenancy Tribunal case 5252281?

The tribunal order states: The tenant must carry out the following work to the premises, which must be

How much money was awarded in case 5252281?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5252281?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5252281?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12180940-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5252281?

The tribunal order states: The tenant must carry out the following work to the premises, which must be

How much money was awarded in case 5252281?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5252281?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5252281?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12180940-Tribunal_Order.pdf.

6 McDonald Place, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5252281 — 14-day notice

Order

The tenant must carry out the following work to the premises, which must be completed by 12 August 2025: a. Remove all building materials and inorganic material from the exterior of the premises.
If the tenant fails to comply with Order 1 by 12 August 2025 the tenancy will terminate, and the landlord will have immediate possession of the premises.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. A Tongan interpreter was present at the hearing but was not required.
The Tribunal had adjourned the earlier hearing held by telephone on 1 July 2025 as the tenant had requested an in person hearing and a Tongan interpreter was required for the tenant.
The landlord has applied for a work order in respect of significant building materials and other inorganic material stored at the rear of the premises. A 14- day breach notice dated 17 January 2025 was served on the tenant requiring him to: (a) Remove all waste inside / outside the property; (b) Clean all walls and carpet that have dirt; and (c) Report any damages to your Senior Housing Support Manager for repairs.
The landlord produced photographs from the rear of the property dated 26 June 2025. There is a lot of inorganic material including wood, car tyres, plastic containers, and steel drums. The photographs are just of the outside of the premises.
The landlord submits that the tenant failed to remedy the breach, which was capable of remedy. The date to remedy the breach by was 4 February 2025. On that date the landlord attended the premises and agreed to an extension of the date to remedy as the tenant advised he was collecting material to build a house in Tonga and was waiting to organize the shipping of the material.
Despite supports provided to the tenant the materials have not been removed. The landlord attended the premises on 28 July 2025, the day before the hearing, and produced photographs taken. The photographs show that there has been no change since the earlier photographs. The landlord submitted that there may even be more materials.

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.
The tenant breached their obligations by not removing the materials as described above. On 17 January 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant may remove the materials within a further 14-day period. I make this determination because the tenant had participated in the telephone hearing and had requested an in- person hearing, even though he did not attend. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
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 breach. See section 64(4)(b) Residential Tenancies Act 1986.

Order

The tenant must carry out the following work to the premises, which must be completed by 12 August 2025: a. Remove all building materials and inorganic material from the exterior of the premises.
If the tenant fails to comply with Order 1 by 12 August 2025 the tenancy will terminate, and the landlord will have immediate possession of the premises.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. A Tongan interpreter was present at the hearing but was not required.
The Tribunal had adjourned the earlier hearing held by telephone on 1 July 2025 as the tenant had requested an in person hearing and a Tongan interpreter was required for the tenant.
The landlord has applied for a work order in respect of significant building materials and other inorganic material stored at the rear of the premises. A 14- day breach notice dated 17 January 2025 was served on the tenant requiring him to: (a) Remove all waste inside / outside the property; (b) Clean all walls and carpet that have dirt; and (c) Report any damages to your Senior Housing Support Manager for repairs.
The landlord produced photographs from the rear of the property dated 26 June 2025. There is a lot of inorganic material including wood, car tyres, plastic containers, and steel drums. The photographs are just of the outside of the premises.
The landlord submits that the tenant failed to remedy the breach, which was capable of remedy. The date to remedy the breach by was 4 February 2025. On that date the landlord attended the premises and agreed to an extension of the date to remedy as the tenant advised he was collecting material to build a house in Tonga and was waiting to organize the shipping of the material.
Despite supports provided to the tenant the materials have not been removed. The landlord attended the premises on 28 July 2025, the day before the hearing, and produced photographs taken. The photographs show that there has been no change since the earlier photographs. The landlord submitted that there may even be more materials.

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.
The tenant breached their obligations by not removing the materials as described above. On 17 January 2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant may remove the materials within a further 14-day period. I make this determination because the tenant had participated in the telephone hearing and had requested an in- person hearing, even though he did not attend. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
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 breach. See section 64(4)(b) Residential Tenancies Act 1986.

Tenancy Tribunal case 5252281 — 14-day notice at 6 McDonald Place, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5252281 — 14-day notice at 6 McDonald Place, Otahuhu, Auckland 1062

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions