What was the outcome of Tenancy Tribunal case 5286599?

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 5286599?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5286599?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5286599?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12227223-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5286599?

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 5286599?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5286599?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5286599?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12227223-Tenancy_Tribunal_Order.pdf.

11A Duart Avenue, Mount Albert, Auckland 1025 Tenancy Tribunal Case 5286599 — 14-day notice

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Order

The tenant must carry out the following work to the premises, which must be completed by Friday 29 August 2025: a. Remove any rubbish at the front and back of the property; b. Remove any clutter that blocks the access ways, at the front and back of the property; c. Remove the unregistered van from the property; d. Bring the property to a reasonably clean and tidy condition.

If the tenant fails to comply with order 1 by Friday 29 August 2025: a. The tenancy at 11A Duart Avenue, Mount Albert, Auckland 1025 will terminate and the landlord will have immediate possession of the premises.

Reasons

The landlord attended the hearing by phone. Several attempts were made to call the tenant for the hearing. The number on the application ending with 5707 was called but not answered and the number ending with 1456 which the landlord obtained from the tenant on the day before the hearing was called but went to voicemail. As the tenant had notice of the hearing but did not answer her phone the hearing proceeded in her absence.

The landlord has applied for termination of the tenancy.

A Mediator’s Order was made on 17 April 2025 concerning the same issue. As a result of that order the landlord removed some rubbish from the premises but reports that more rubbish and clutter has been added since then.

The landlord seeks a conditional termination order to give the tenant another opportunity to comply in respect of the condition of the premises.

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 keeping the premises reasonably clean and reasonably tidy. On 18 June 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 comply with the work order within the period specified in the order. 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 first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Order

Reasons

The landlord has applied for termination of the tenancy.

The landlord seeks a conditional termination order to give the tenant another opportunity to comply in respect of the condition of the premises.

Should a conditional termination order be made?

Tenancy Tribunal case 5286599 — 14-day notice at 11A Duart Avenue, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 5286599 — 14-day notice at 11A Duart Avenue, Mount Albert, Auckland 1025

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