Respondent RT2436 v Rayner (Appeal)

The appeal before the tribunal involved RT 2436, the appellant/tenant, and Ms Rayner, the respondent/lessor, concerning a dispute over the termination of a residential tenancy agreement. The tenancy agreement, governed by the Residential Tenancy Act 1997, was for a three-bedroom unit in an apartment complex and was made on 15 May 2023. The original tribunal terminated the tenancy agreement on 19 March 2024, citing the appellant's breaches of subletting the premises without consent and having animals on the premises without written consent. The appellant appealed this decision, arguing she was not in breach and sought to remain in the premises until the natural end of the tenancy on 21 May 2024. The appeal hearing was conducted on 11 April 2024, and the tribunal dismissed the appeal on 18 April 2024.

The primary legal issues before the tribunal were whether the appellant breached the tenancy agreement by subletting the premises without consent and by having animals on the premises without written consent. The tribunal examined the evidence provided and the process outlined in the Residential Tenancy Act 1997 and the standard terms. The appellant admitted to subletting a room on Booking.com but argued she did not continue to do so after receiving a notice to remedy. However, witness statements from neighbours corroborated that subletting continued through AirBnB. Regarding the cats, the appellant failed to seek written consent before having them in the premises, which contravened the terms of the tenancy agreement. The tribunal found no error in the original tribunal's decision regarding these breaches.

The tribunal found that the appellant did indeed breach the tenancy agreement by subletting without consent and having animals on the premises without consent. The evidence supported the original tribunal's findings that the appellant continued to sublet part of the premises after receiving the notice to remedy, and she had cats on the premises despite not obtaining the required written consent. The tribunal also found that the appellant's claim that the neighbour was lying lacked persuasive evidence or basis. The tribunal concluded that both grounds for terminating the tenancy agreement were valid, and the appeal was unsuccessful. The tribunal dismissed the appeal and upheld the original tribunal's orders.