What was the outcome of Tenancy Tribunal case 4773951?

The tribunal order states: The tenancy of Shonal Leeanne Hohaia at 23 Dunlop Crescent, Te Aroha, Te

How much money was awarded in case 4773951?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4773951?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4773951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9970196-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4773951?

The tribunal order states: The tenancy of Shonal Leeanne Hohaia at 23 Dunlop Crescent, Te Aroha, Te

How much money was awarded in case 4773951?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4773951?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4773951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9970196-Tenancy_Tribunal_Order.pdf.

23 Dunlop Crescent, Te Aroha, Te Aroha 3320 Tenancy Tribunal Case 4773951 — 14-day notice

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Reasons

Kāinga Ora–Homes and Communities attended the hearing with a senior support manager. 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 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 at all times and using it as their principal home. The tenant also failed to inform Kāinga Ora–Homes and Communities in writing that they would be away from the premises for more than 30 days.

Kāinga Ora–Homes and Communities provide social housing and the residential tenancy agreement states in clause 26 and 27 that the tenant and their family must live at the premises or inform them if they are not.

The tenancy agreement was signed at the start of the on 11 March 2019.The last recoded time that the landlord saw the tenant was on 16 November 2021.

The landlords became increasingly concerned that the tenant was not living at the premises and had sublet it. Visits to the premises found another person unrelated to the tenant living there.

On 23 March 2023 a 14-day notice to return to the premises was issued to the tenant. A second 14-day notice to remedy was issued on 24 November 2023.

A visit was conducted on 30 June 2023 and 26 July 2023 which found no sign of the tenant but another person living there. The landlord said this person confirmed that she had been there for about 2 years and had been paying the tenant rent. There was no other documentation provided supporting this.

The landlords said that they had been in contact with the tenant, and she had confirmed that she wished to end the tenancy. A notice to end the tenancy was forwarded to her. This has not been returned. The premises have become overgrown, and the landlords believe that there is no one currently living there.

I find that two valid 14-day notices were given, and the tenant did not remedy the breach within the required period.

The tenant has breached of the provisions of the tenancy agreement by not living at the premises and failed to rectify the breach. The consequence is that people who really need accommodation have been denied access to this property.

I find that it would be inequitable to refuse to terminate the tenancy. The tenancy of Shonal Leeanne Hohaia at 23 Dunlop Crescent, Te Aroha, Te Aroha 3320 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, immediately.

Reasons

Kāinga Ora–Homes and Communities attended the hearing with a senior support manager. 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.

The tenancy agreement was signed at the start of the on 11 March 2019.The last recoded time that the landlord saw the tenant was on 16 November 2021.

The landlords became increasingly concerned that the tenant was not living at the premises and had sublet it. Visits to the premises found another person unrelated to the tenant living there.

On 23 March 2023 a 14-day notice to return to the premises was issued to the tenant. A second 14-day notice to remedy was issued on 24 November 2023.

I find that two valid 14-day notices were given, and the tenant did not remedy the breach within the required period.

Tenancy Tribunal case 4773951 — 14-day notice at 23 Dunlop Crescent, Te Aroha, Te Aroha 3320

At a glance

Tenancy Tribunal case 4773951 — 14-day notice at 23 Dunlop Crescent, Te Aroha, Te Aroha 3320

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions