What was the outcome of Tenancy Tribunal case 5471215?

The tribunal order states: The tenancy of Denny Cruden at Room 204, 87-89 Anzac Avenue, Auckland,

How much money was awarded in case 5471215?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5471215?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5471215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13401119-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5471215?

The tribunal order states: The tenancy of Denny Cruden at Room 204, 87-89 Anzac Avenue, Auckland,

How much money was awarded in case 5471215?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5471215?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5471215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13401119-Tenancy_Tribunal_Order.pdf.

Room 204, 87-89 Anzac Avenue, Auckland, 87-89, Tenancy Tribunal Case 5471215 — 14-day notice

Reasons

The Landlord attended the hearing. The Tenant did not appear.

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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is of a serious nature, the Tribunal will ordinarily require that the landlord has given the tenant prior warning of the likely consequences of continued breach before exercising its discretion to terminate the tenancy.

The Tenant has breached their obligations by unlawfully entering the neighbouring tenant’s unit and verbally abusing the occupant at approximately

30am in mid-March 2026. The neighbour, Mr Robinson, gave evidence at the hearing that he was asleep when the Tenant forced entry into his unit. He said that he began shouting and accusing Mr Robinson of turning off his water. He also swore at Mr Robinson. He then began opening and closing his microwave door. When Mr Robinson stood up and approached the Tenant, the Tenant left the premises.

Mr Robinson further submitted that, in the following week, the Tenant smashed the front door of the building and set the fire alarm off on Level 2. While Mr Robinson did not witness these incidents, he believed the Tenant was responsible. Photographic evidence of the damaged door and fire alarm was provided, along with confirmation from Police that a report had been made.

Mr Robinson stated that he felt unsafe and that other residents on his floor were unsettled by the Tenant’s behaviour.

The Landlord also submitted that the Tenant had previously communicated with him in an aggressive manner. The Landlord issued notices to end the tenancy 14 days and 30 days prior to the expiry of the fixed-term tenancy. However, no evidence was provided of any written agreement, made prior to the commencement of the tenancy, confirming that the tenancy would definitively end on 17 March 2026. This is a requirement pursuant to section 7 of the Residential Tenancies Act 1986 for the fixed term tenancy to end on 17 March 2026 without the Landlord having to give correct notice of the termination of the tenancy.

The breach is not capable of remedy. The Landlord submitted he was uncertain as to whether the Tenant would return to the premises and submitted that the Tenant had behaved aggressively in prior interactions.

It would be inequitable to refuse termination of the tenancy in these circumstances. The Tenant’s conduct in breaking into Mr Robinsons unit while he was asleep and verbally abusing him is serious. Evidence establishes that Mr Robinson feels unsafe and unsettled. Although there were no direct witnesses to the damage to the door and fire alarm, I accept that the incidents would have caused significant fear and distress to other residents.

The tenancy is terminated, and possession of the premises is granted to the Landlord immediately.

Order

The tenancy of Denny Cruden at Room 204, 87-89 Anzac Avenue, Auckland, 87-89, Auckland 1010, New Blue Sky Investment is terminated, and possession is granted to New Blue Sky Investment Limited, immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is of a serious nature, the Tribunal will ordinarily require that the landlord has given the tenant prior warning of the likely consequences of continued breach before exercising its discretion to terminate the tenancy.
The Tenant has breached their obligations by unlawfully entering the neighbouring tenant’s unit and verbally abusing the occupant at approximately
30am in mid-March 2026. The neighbour, Mr Robinson, gave evidence at the hearing that he was asleep when the Tenant forced entry into his unit. He said that he began shouting and accusing Mr Robinson of turning off his water. He also swore at Mr Robinson. He then began opening and closing his microwave door. When Mr Robinson stood up and approached the Tenant, the Tenant left the premises.
Mr Robinson further submitted that, in the following week, the Tenant smashed the front door of the building and set the fire alarm off on Level 2. While Mr Robinson did not witness these incidents, he believed the Tenant was responsible. Photographic evidence of the damaged door and fire alarm was provided, along with confirmation from Police that a report had been made.
Mr Robinson stated that he felt unsafe and that other residents on his floor were unsettled by the Tenant’s behaviour.
The Landlord also submitted that the Tenant had previously communicated with him in an aggressive manner. The Landlord issued notices to end the tenancy 14 days and 30 days prior to the expiry of the fixed-term tenancy. However, no evidence was provided of any written agreement, made prior to the commencement of the tenancy, confirming that the tenancy would definitively end on 17 March 2026. This is a requirement pursuant to section 7 of the Residential Tenancies Act 1986 for the fixed term tenancy to end on 17 March 2026 without the Landlord having to give correct notice of the termination of the tenancy.
The breach is not capable of remedy. The Landlord submitted he was uncertain as to whether the Tenant would return to the premises and submitted that the Tenant had behaved aggressively in prior interactions.
It would be inequitable to refuse termination of the tenancy in these circumstances. The Tenant’s conduct in breaking into Mr Robinsons unit while he was asleep and verbally abusing him is serious. Evidence establishes that Mr Robinson feels unsafe and unsettled. Although there were no direct witnesses to the damage to the door and fire alarm, I accept that the incidents would have caused significant fear and distress to other residents.
The tenancy is terminated, and possession of the premises is granted to the Landlord immediately.

Tenancy Tribunal case 5471215 — 14-day notice at Room 204, 87-89 Anzac Avenue, Auckland, 87-89,

At a glance

Tenancy Tribunal case 5471215 — 14-day notice at Room 204, 87-89 Anzac Avenue, Auckland, 87-89,

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions