What was the outcome of Tenancy Tribunal case 5270079?

The tribunal order states: Willona Eris Aiden Wijohn is to have the dog residing at the premises

How much money was awarded in case 5270079?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5270079?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5270079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12168249-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5270079?

The tribunal order states: Willona Eris Aiden Wijohn is to have the dog residing at the premises

How much money was awarded in case 5270079?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5270079?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5270079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12168249-Tribunal_Order.pdf.

12 Ara Kakaha, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 5270079 — 14-day notice

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Reasons

Paragraph 2 of the Order dated 24 July 2025 is amended so that it clarifies that along with termination of the tenancy, possession is also granted, should the tenant not abide by Order 1.

The Order dated 24 July 2025 is copied below for ease of reference.

Both parties attended the hearing which was held remotely.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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.

Ms Wijohn has, since 8 August 2022, been residing at a Kāinga Ora–Homes And Communities (KO) complex which, because of its set out and location, does not allow dogs.

Clause 19 of the tenancy agreement stipulates that if a tenant wants a pet to reside with them, then they must first get the consent of the landlord.

Ms Wijohn, has had a dog living with her since the start of her tenancy. However it was not until the end of last year that the landlord became aware that at that time there were two dogs at the property.

At that time the landlord began discussions about re-homing the dogs, and on 8 April 2025 the landlord issued her with a 14 day notice to remedy the issue.

One has been re-homed and the other remains at the property.

While I accept that this is a small dog who is well-behaved, I also accept that the ban on dogs has also been very clear, and Ms Wijohn is in breach of her tenancy obligations.

I am therefore ordering that Ms Wijohn has 14 days within which to re-home the dog, and if she fails to do so then her tenancy is immediately terminated.

I consider that it is fair to give her a time period to re-home the dog. I also consider that it would be inequitable to refuse to terminate the tenancy should she fail to do so, given that the space is deemed unsuitable for dogs, Ms Wijohn has been aware of the ban on dogs and she is in clear breach of her tenancy agreement. C ter Haar 25 July 2025

Reasons

Paragraph 2 of the Order dated 24 July 2025 is amended so that it clarifies that along with termination of the tenancy, possession is also granted, should the tenant not abide by Order 1.

The Order dated 24 July 2025 is copied below for ease of reference.

Both parties attended the hearing which was held remotely.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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.

Ms Wijohn has, since 8 August 2022, been residing at a Kāinga Ora–Homes And Communities (KO) complex which, because of its set out and location, does not allow dogs.

Clause 19 of the tenancy agreement stipulates that if a tenant wants a pet to reside with them, then they must first get the consent of the landlord.

At that time the landlord began discussions about re-homing the dogs, and on 8 April 2025 the landlord issued her with a 14 day notice to remedy the issue.

One has been re-homed and the other remains at the property.

While I accept that this is a small dog who is well-behaved, I also accept that the ban on dogs has also been very clear, and Ms Wijohn is in breach of her tenancy obligations.

I am therefore ordering that Ms Wijohn has 14 days within which to re-home the dog, and if she fails to do so then her tenancy is immediately terminated.

Tenancy Tribunal case 5270079 — 14-day notice at 12 Ara Kakaha, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 5270079 — 14-day notice at 12 Ara Kakaha, Papatoetoe, Auckland 2025

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions