What was the outcome of Tenancy Tribunal case 5283239?

The tribunal order states: If the tenant fails to comply with the terms of Order 5119576 by 5 pm Friday 25

How much money was awarded in case 5283239?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5283239?

The dispute type was not classified.

Where can I read the official tribunal order for case 5283239?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12118763-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5283239?

The tribunal order states: If the tenant fails to comply with the terms of Order 5119576 by 5 pm Friday 25

How much money was awarded in case 5283239?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5283239?

The dispute type was not classified.

Where can I read the official tribunal order for case 5283239?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12118763-Tenancy_Tribunal_Order.pdf.

22 Aarts Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 5283239 — Tenancy dispute

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Reasons

Both parties attended the hearing by telephone.

The Tribunal made an Order on 1 April 2025 under application number 5119576 (“the prior order”) requiring the tenant to remove various alterations to the premises and to return the premises to the condition they were in prior to the alterations by 5 pm Wednesday 20 April 2025.

When the landlord last inspected the property, the landlord provided photographic evidence that not all the alterations had been removed, nor the property reinstated.

The tenant explained that he had been overseas but had now completed all the works required but did not provide supporting evidence.

The landlord has applied for a conditional termination order so that it can terminate the tenancy if the tenant has not complied with the prior order. It agreed that a short period be allowed for the tenant and landlord to ensure that all the work has been completed in a satisfactory manner.

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. See section 56(1) Residential Tenancies Act 1986.

It would be inequitable to refuse to terminate the tenancy for the following reasons: a. The tenant has had three and a half months to comply with the prior order. b. The parties agree that the works were not completed by the date stipulated in the prior order. The tenant has therefore breached the prior order. Breach of a Tribunal order is a serious matter. c. The landlord has been understanding and lenient in allowing the tenant extra time to comply with the prior order. d. If all the work required under the prior order has not been completed, the breach is significant and longstanding. e. Termination would not be a disproportionate response. The tenant has had a significant period within which to comply.

The landlord is willing to give the tenant a further short period for compliance and inspection. The Tribunal is satisfied that it is appropriate to make a conditional termination order. See section 78(3) Residential Tenancies Act 1986.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches this order by not completing the works set out in the prior order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Reasons

Both parties attended the hearing by telephone.

When the landlord last inspected the property, the landlord provided photographic evidence that not all the alterations had been removed, nor the property reinstated.

The tenant explained that he had been overseas but had now completed all the works required but did not provide supporting evidence.

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. See section 56(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 5283239 — Tenancy dispute at 22 Aarts Avenue, Manurewa, Auckland 2102

At a glance

Claims & awards

Tenancy Tribunal case 5283239 — Tenancy dispute at 22 Aarts Avenue, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Frequently asked questions