Tenancy Tribunal Terminates Tenancy for Multiple Breaches

__________________________________________________________________________________ 5500889 1

[2026] NZTT 5500889

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [NAME_4] and [NAME_6] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY_1] As Agent For [NAME_2], at 5pm on Friday 26 June 2026.

2. [NAME_4] and [NAME_6] must pay A$1,048.00 to [COMPANY_1] As Agent For [NAME_2] from the bond immediately, calculated as shown in the table below:

Description Landlord Tenant

Rent arrears to 09/06/2026 $1,020.00 Filing fee reimbursement $28.00 Total award $1,048.00 Bond $1,048.00

3. The Bond Centre is to pay $1,048.00 from the bond of $2,380.00 (BN- 32606102) to [COMPANY_1] As Agent For [NAME_2] immediately.

4. The balance of the bond of $1,332.00 is to remain at the Bond Centre.

__________________________________________________________________________________ 5500889 2

Reasons:

1. Both parties attended the hearing by video conference on 9 June 2026.

2. The landlord has applied for termination of the tenancy under section 56 of the Residential Tenancies Act 1986 (the Act) based on multiple alleged breaches of the tenants’ obligations. The landlord also seeks rent arrears and various compliance orders.

Background

3. The tenancy commenced on 31 March 2026. The weekly rent is $595.00 and the bond is $2,380.00.

4. The landlord relies on several alleged breaches occurring during what the tenancy. These include rent arrears, failure to maintain the premises in a reasonably clean and tidy condition, neighbour complaints, police attendances, failure to pay an agreed pet bond and comply with council requirements.

5. The landlord served a number of notices during the tenancy. Relevant to this application are:

(a) A 14-day notice dated 5 May 2026 requiring payment of rent arrears of $595.00.

(b) A 14-day notice dated 4 May 2026 requiring the tenants to remedy numerous alleged breaches including cleaning and rubbish removal, replacement of broken glass panes, removal of a caravan, removal of an unauthorised dryer frame, professional cleaning of carpet stains, compliance with council requirements, and addressing neighbour complaints.

(c) A further 14-day notice dated 21 April 2026 requiring payment of a pet bond of $1,190.00.

6. The landlord also produced evidence of complaints received from Christchurch City Council, inspection photographs, neighbour complaints, police attendances at the property, rent records and correspondence exchanged with the tenants.

7. At the hearing, the landlord advised that rent arrears remained outstanding at $1,020.00.

8. The tenants acknowledged many of the matters raised by the landlord. They submitted that they wished to remain in the tenancy and had been attempting to address the issues identified. They explained that financial difficulties, health issues suffered, mental health challenges, and the demands of caring for three children had contributed to the problems.

9. The tenants advised that [NAME_7] had agreed to assist and that the rent arrears would likely be paid by the end of the week. They also submitted that they had undertaken substantial cleaning, engaged professional cleaners to deal with

__________________________________________________________________________________ 5500889 3

stains, moved the caravan, returned the fence to its original position, and taken steps to improve their relationship and communication following police involvement.

Should the tenancy be terminated?

10.Section 56 of the Act permits the Tribunal to terminate a tenancy where a tenant has breached the tenancy agreement or the Act, a valid notice to remedy has been served where required, and due to the nature or extent of the breach it would be inequitable to refuse termination.

11.Section 40(1)(a) requires tenants to pay rent when due.

12.Section 40(1)(c) requires tenants to keep the premises reasonably clean and reasonably tidy.

13.Section 40(2)(c) requires tenants not to interfere with the reasonable peace, comfort or privacy of neighbours.

14.The Tribunal must assess not only whether breaches occurred, but also their seriousness, frequency, whether they have been remedied, and whether it would be inequitable to refuse termination.

Rent arrears

16.The rent records establish that rent arrears existed when the application was filed and remained outstanding at the hearing.

17.The 14-day notice dated 5 May 2026 was validly issued and required the tenants to remedy the arrears.

18.Although the tenants submitted that [NAME_7] would shortly pay the arrears, the arrears had not been remedied by the expiry of the notice nor by the date of hearing.

19.The Tribunal accepts there was a genuine financial difficulty and some administrative issues with [NAME_7]. However, the statutory obligation is to pay rent when due. The breach was therefore established.

Pet bond

20.The landlord also relies on the tenants’ failure to pay a pet bond.

21.Since 1 December 2025, landlords may require a pet bond of up to two weeks’ rent where a tenant has consent to keep a pet. The evidence before me establishes that the tenants were required to pay a pet bond of $1,190.00, being the equivalent of two weeks’ rent. A 14-day notice requiring payment was issued on 21 April 2026.

__________________________________________________________________________________ 5500889 4

22.The tenants acknowledged that the pet bond remained unpaid. They submitted that they had understood they would be permitted to pay the pet bond over time and that financial hardship had prevented payment. The landlord disputed that any agreed payment arrangement existed and noted that no payments had been made towards the pet bond.

23.Regardless of whether there was some misunderstanding regarding timing, I am satisfied that the pet bond remained unpaid at the expiry of the notice period and at the date of the hearing. The tenants were therefore in breach of this obligation.

Cleanliness and condition of premises

24.The inspection photographs produced by the landlord demonstrate that the premises were not being maintained to the standard required by section 40(1)(c) at the time the breach notices were issued.

25.The photographs show significant clutter, rubbish accumulation, staining and poor housekeeping both inside and outside the property.

26.The tenants accepted that the standard of cleanliness had fallen below what was expected. They explained that the circumstances arose during the move into the property, while coping with illness and caring responsibilities.

27.The Tribunal accepts that some improvement occurred after the notices were issued. However, the evidence indicates the concerns were substantial and persisted for a period of time despite formal notices.

Neighbour complaints, council involvement and police attendance

28.The landlord produced evidence of repeated complaints received from Christchurch City Council concerning obstruction of the footpath and environmental concerns associated with the property.

29.Council records show multiple complaints were received within a relatively short period.

30.Police also attended the property on two occasions on 10 April 2026 and once on 4 May 2026.

31.Police attendance alone does not establish a breach of the Act. However, the tenants acknowledged that arguments between them resulted in police attendance and neighbour concerns.

32.The tenants candidly accepted responsibility for these disturbances and advised they were seeking counselling and support.

33.The Tribunal accepts that the tenants have taken some positive steps to address these issues. Nevertheless, repeated disturbances resulting in police attendance

__________________________________________________________________________________ 5500889 5

and neighbour complaints within the first few weeks of a tenancy are serious matters.

Unauthorised alteration to the premises

34.The evidence establishes that the tenants removed a section of front fencing to facilitate relocation of a caravan and trailer.

35.The tenants acknowledged this occurred without the landlord’s consent.

36.Although the tenants subsequently reinstated the fence and explained that they believed they were addressing safety concerns, the conduct nonetheless constituted an unauthorised alteration.

Overall assessment

37.The Tribunal must consider the cumulative effect of all proven breaches rather than viewing each breach in isolation.

38.This tenancy was only approximately ten weeks old at the time of hearing. During that short period there were rent arrears, non-payment of the pet bond, multiple breach notices, council involvement, police attendances, neighbour complaints, cleanliness concerns, unauthorised alterations to the premises, and ongoing concerns regarding compliance with tenancy obligations.

39.The breaches were not isolated incidents. They demonstrate a pattern of repeated non-compliance affecting numerous aspects of the tenancy.

40.I accept the tenants’ evidence regarding health issues, mental health challenges, financial hardship and the responsibilities associated with caring for three children. I also accept that some efforts have been made to address the concerns raised by the landlord. The caravan was moved, the fence reinstated, cleaning undertaken, and the tenants have sought support and counselling.

41.Nevertheless, the relevant question is whether, having regard to the nature and extent of the breaches, it would be inequitable to refuse termination.

42.The landlord is entitled to have confidence that the tenancy will be conducted in accordance with the Act and tenancy agreement. Given the number and nature of the breaches occurring over such a short period, that confidence has been significantly undermined.

43.The landlord has experienced repeated issues throughout what has been a very short tenancy. The breaches have affected not only the landlord’s interests but also neighbouring occupiers and resulted in local authority involvement and police attendance.

__________________________________________________________________________________ 5500889 6

44.While some matters have improved, the evidence establishes that significant breaches remained outstanding at the hearing, including rent arrears and the unpaid pet bond. More importantly, the overall history demonstrates repeated failures to comply with the tenants’ obligations under the Act and tenancy agreement.

45.Having considered all of the evidence, including the tenants’ explanations and mitigating circumstances, I am satisfied that the nature and extent of the breaches are such that it would be inequitable to refuse termination.

46.Termination is therefore warranted under section 56 of the Act.

47.Taking into account the tenants’ personal circumstances, the landlord considered it appropriate to defer the termination date for 2 weeks.

Rent arrears

47.The landlord’s rent records establish that rent arrears of $1,020.00 were owing at the date of hearing.

48.The landlord is entitled to recover those arrears.

Filing fee

49.As the landlord has been wholly successful with the claim, I must order the tenants’ to reimbursement the filing fee.

J Setefano

12 June 2026

__________________________________________________________________________________ 5500889 7

Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the [NAME_8] improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit [NAME_9]/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi [NAME_9]/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.[NAME_9]/disputes/enforcing-decisions https://www.[NAME_9]/disputes/enforcing-decisions http://www.[NAME_9]/disputes/enforcing-decisions/

__________________________________________________________________________________ 5500889 8

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: [NAME_9]/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: