What was the outcome of Tenancy Tribunal case 5300459?

The tribunal order states: Hera Amy Mae Pohutuhutu is required by Kāinga Ora–Homes And

How much money was awarded in case 5300459?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5300459?

The primary dispute was 14-day notice. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5300459?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12203698-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5300459?

The tribunal order states: Hera Amy Mae Pohutuhutu is required by Kāinga Ora–Homes And

How much money was awarded in case 5300459?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5300459?

The primary dispute was 14-day notice. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5300459?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12203698-Tenancy_Tribunal_Order.pdf.

19 Dominion Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5300459 — 14-day notice

Order

Hera Amy Mae Pohutuhutu is required by Kāinga Ora–Homes And Communities to do the following things (“the work”).
Hera Amy Mae Pohutuhutu must carry out the following work/obligations: a. By 15 th August 2025 to permanently remove the dog from the property. b. By 29 August 2025, the cleaning of the property inside and out is to be done. This includes the gardens, garage, rubbish removal, as well as the full clean of the interior of the house.
If the tenant fails to remove the dog and /or complete the work within 2 working days of the due dates: a. The tenancy at 19 Dominion Road, Papakura, Papakura 2110 will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing.
The landlord has applied for conditional termination of the tenancy, due to the tenants’ breaches of the Residential Tenancies Act 1986 and her tenancy agreement. The tenant wants to remove the dog and carry out the cleaning work to avoid immediate termination.

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, (“RTA”).
The tenant is breaching her obligations by keeping a dog without permission at the property, which is a breach of clause 32 of her tenancy agreement. Also, by not keeping the property clean and tidy, which is a breach of clause 16 of her tenancy agreement and s40 (1) ( c) of the RTA.
On 22 April 2025, the landlord served a 14-day notice on the tenant for the poor condition of the property, but the breach was not remedied within the required period. A further breach notice was sent on 24 June 2025 regarding the removal of the dog. Both breach notices have now expired without the work being done or the dog removed.
The landlord has provided a detail timeline of events concerning interactions from the landlord to the tenant to remedy the breaches. In addition, the landlord has provided detailed inspection reports and photos that show the poor condition of the property and the dog.
It would be inequitable to refuse to terminate the tenancy. The issues have been ongoing for some 6 months now and despite offers of assistance and support, the tenant largely ignores these offers and refuses to engage with the landlord and her Housing Support Manager, Carla.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will remove the dog and clean up the property within the period specified in the order and is unlikely to commit any further breach. The particular cleaning work required was set out in a letter to the tenant on 22 April 2025. The landlord requires the kitchen, laundry, toilet, bathroom, bedrooms 1, 2,3, and hallway to be cleaned. Furthermore, clean the garage and gardens and remove the rubbish.
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.
I acknowledge the tenant is a young woman with 6 dependant children and very limited help from family who do not live locally. The landlord does not wish to terminate the tenancy and asks that the tenant stay in contact with Carla, her Housing Support Manager.
The tenant has said that her cousin is going to rehome the dog but is not available to take the dog for another week. The landlord is seeking 14 days, which is Friday 15 th August 2025, for the dog to be permanently removed from the property.
The landlord seeks the property to be cleaned within 4 weeks, which is 29 th August 2025.
If the tenant complies with the order the conditional termination will terminate. If she does not comply with the order the tenancy will be terminated as set out above.

Order

Hera Amy Mae Pohutuhutu is required by Kāinga Ora–Homes And Communities to do the following things (“the work”).
Hera Amy Mae Pohutuhutu must carry out the following work/obligations: a. By 15 th August 2025 to permanently remove the dog from the property. b. By 29 August 2025, the cleaning of the property inside and out is to be done. This includes the gardens, garage, rubbish removal, as well as the full clean of the interior of the house.
If the tenant fails to remove the dog and /or complete the work within 2 working days of the due dates: a. The tenancy at 19 Dominion Road, Papakura, Papakura 2110 will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing.
The landlord has applied for conditional termination of the tenancy, due to the tenants’ breaches of the Residential Tenancies Act 1986 and her tenancy agreement. The tenant wants to remove the dog and carry out the cleaning work to avoid immediate termination.

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, (“RTA”).
The tenant is breaching her obligations by keeping a dog without permission at the property, which is a breach of clause 32 of her tenancy agreement. Also, by not keeping the property clean and tidy, which is a breach of clause 16 of her tenancy agreement and s40 (1) ( c) of the RTA.
On 22 April 2025, the landlord served a 14-day notice on the tenant for the poor condition of the property, but the breach was not remedied within the required period. A further breach notice was sent on 24 June 2025 regarding the removal of the dog. Both breach notices have now expired without the work being done or the dog removed.
The landlord has provided a detail timeline of events concerning interactions from the landlord to the tenant to remedy the breaches. In addition, the landlord has provided detailed inspection reports and photos that show the poor condition of the property and the dog.
It would be inequitable to refuse to terminate the tenancy. The issues have been ongoing for some 6 months now and despite offers of assistance and support, the tenant largely ignores these offers and refuses to engage with the landlord and her Housing Support Manager, Carla.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will remove the dog and clean up the property within the period specified in the order and is unlikely to commit any further breach. The particular cleaning work required was set out in a letter to the tenant on 22 April 2025. The landlord requires the kitchen, laundry, toilet, bathroom, bedrooms 1, 2,3, and hallway to be cleaned. Furthermore, clean the garage and gardens and remove the rubbish.
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.
I acknowledge the tenant is a young woman with 6 dependant children and very limited help from family who do not live locally. The landlord does not wish to terminate the tenancy and asks that the tenant stay in contact with Carla, her Housing Support Manager.
The tenant has said that her cousin is going to rehome the dog but is not available to take the dog for another week. The landlord is seeking 14 days, which is Friday 15 th August 2025, for the dog to be permanently removed from the property.
The landlord seeks the property to be cleaned within 4 weeks, which is 29 th August 2025.
If the tenant complies with the order the conditional termination will terminate. If she does not comply with the order the tenancy will be terminated as set out above.

Tenancy Tribunal case 5300459 — 14-day notice at 19 Dominion Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5300459 — 14-day notice at 19 Dominion Road, Papakura, Papakura 2110

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