Published tribunal order
Tenancy Tribunal case 4725669 — 14-day notice at 24 Northumberland Street, Cannons Creek, Porirua 5024
Decided 10 Nov 2023 · Published 10 Nov 2023 · Application 4725669
Mixed / unclear
- 14-day notice
Order
- The tenancy at 24 Northumberland Street Cannons Creek, Porirua is terminated immediately.
- Athenia Melissa Hotene must pay Kāinga Ora–Homes And Communities the sum of $20.44 immediately.
Reasons
- The landlord attended the hearing which was conducted remotely. Two attempts to reach the tenant by phone were unsuccessful.
- 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 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.
- The tenant has breached their obligations by not living at the property.
- The landlord served a 14-day notice on the tenant on 28 September 2023, giving her until 24 October to resume living at the property and the tenant did not remedy the breach within the required period.
- It would be inequitable to refuse to terminate the tenancy because the landlord has made repeated requests of the tenant to meet to discuss matters and try to resolve the issue. The tenant has had more than one reminder of her obligations. She is not living at the property.
- Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.