What was the outcome of Tenancy Tribunal case 4726610?

The tribunal order states: The tenancy of Tapaeru Taura at 20 Senator Drive, Manurewa, Auckland 2105

How much money was awarded in case 4726610?

Rent Arrears: $5,704.05 awarded to landlord

What type of tenancy dispute was case 4726610?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4726610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9769514-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4726610?

The tribunal order states: The tenancy of Tapaeru Taura at 20 Senator Drive, Manurewa, Auckland 2105

How much money was awarded in case 4726610?

Rent Arrears: $5,704.05 awarded to landlord

What type of tenancy dispute was case 4726610?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4726610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9769514-Tenancy_Tribunal_Order.pdf.

20 Senator Drive, Manurewa, Auckland 2105 Tenancy Tribunal Case 4726610 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4726610 — net $5,704.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,704.05	Rent arrears
Net award	$5,704.05
Total payable by Tenant to Landlord	$5,704.05

The tenancy of Tapaeru Taura at 20 Senator Drive, Manurewa, Auckland 2105 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 am on Monday 18 December 2023.

Tapaeru Taura must pay Kāinga Ora–Homes And Communities $5,704.05 immediately, being rent arrears to 18 December 2023.

Reasons

The landlord attended this remote teleconference hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.

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 failing to live at the premises as is required in the tenancy agreement.

The landlord served a 14-day notice on the tenant on 27 September 2023 requiring the tenant to return and live at the premises prior to 16 October 2023. The tenant did not remedy the breach by returning to live at the premises within the required period.

The landlord asked the tenant’s son who was at the premises when the tenant would be returning. He said that the tenant was in Rarotonga and would be returning to sort out the furniture .

A check was made with MBIE on the tenant’s travel movements. MBIE confirmed that the tenant was in New Zealand.

A further call was made to the tenant’s son by the landlord on 4 October 2023. The landlord asked if the tenant was in New Zealand based on the information received from MBIE. The son terminated the call at that point.

On 16 October 2023 the landlord visited the premises. There was no one home. A calling card was left on the front door to contact the landlord. No contact has been received. The last rent payment was made on 31 August 2023.

It would be inequitable to refuse to terminate the tenancy because the landlord has made extensive efforts to contact the tenant. The tenant has not responded. The rent is substantially in arrears.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing on 18 December 2023 will be $5,704.05.

Order

Claims and awards in Tenancy Tribunal application 4726610 — net $5,704.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,704.05	Rent arrears
Net award	$5,704.05
Total payable by Tenant to Landlord	$5,704.05

The tenancy of Tapaeru Taura at 20 Senator Drive, Manurewa, Auckland 2105 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 am on Monday 18 December 2023.

Tapaeru Taura must pay Kāinga Ora–Homes And Communities $5,704.05 immediately, being rent arrears to 18 December 2023.

Reasons

The landlord attended this remote teleconference hearing.

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.

The tenant has breached their obligations by failing to live at the premises as is required in the tenancy agreement.

The landlord asked the tenant’s son who was at the premises when the tenant would be returning. He said that the tenant was in Rarotonga and would be returning to sort out the furniture .

A check was made with MBIE on the tenant’s travel movements. MBIE confirmed that the tenant was in New Zealand.

It would be inequitable to refuse to terminate the tenancy because the landlord has made extensive efforts to contact the tenant. The tenant has not responded. The rent is substantially in arrears.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing on 18 December 2023 will be $5,704.05.

Tenancy Tribunal case 4726610 — Rent arrears at 20 Senator Drive, Manurewa, Auckland 2105

At a glance

Tenancy Tribunal case 4726610 — Rent arrears at 20 Senator Drive, Manurewa, Auckland 2105

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions