What was the outcome of Tenancy Tribunal case 4801778?

The tribunal order states: The tenancy of Himiona Saxon John Smith at 1 Karaka Street, Stoke, Nelson

How much money was awarded in case 4801778?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4801778?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4801778?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10145152-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4801778?

The tribunal order states: The tenancy of Himiona Saxon John Smith at 1 Karaka Street, Stoke, Nelson

How much money was awarded in case 4801778?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4801778?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4801778?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10145152-Tenancy_Tribunal_Order.pdf.

1 Karaka Street, Stoke, Nelson 7011 Tenancy Tribunal Case 4801778 — Rent arrears

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Order

The tenancy of Himiona Saxon John Smith at 1 Karaka Street, Stoke, Nelson 7011 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 1.00pm on Thursday 28 March 2024.

Himiona Saxon John Smith must pay Kāinga Ora–Homes and Communities $2,790.00 immediately, being rent arrears to 28 March 2024.

Reasons

Ms Gray represented the landlord. The tenant did not attend the hearing. I conducted the hearing by phone. My call to the tenant went to voice mail.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, and rent arrears.

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 reside at the premises and failing to notify the landlord that he would be absent for more than 30 days. These are breaches of clauses 14 and 15 of the tenancy agreement.

The landlord served a 14-day notice on the tenant on 11 January 2024, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because this is a social housing tenancy for which there is high demand. The landlord believes that squatters are using the premises at night.

The landlord has applied for rent arrears and has provided rent records which prove the amount of rent owing as of today. The landlord would have had grounds to terminate the tenancy on that basis as well, though that was not the basis for the application.

I have granted possession at 1.00pm today as the tenant is not residing at the premises. This is to allow the landlord to secure the premises before the Easter weekend.

Order

The tenancy of Himiona Saxon John Smith at 1 Karaka Street, Stoke, Nelson 7011 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 1.00pm on Thursday 28 March 2024.

Himiona Saxon John Smith must pay Kāinga Ora–Homes and Communities $2,790.00 immediately, being rent arrears to 28 March 2024.

Reasons

Ms Gray represented the landlord. The tenant did not attend the hearing. I conducted the hearing by phone. My call to the tenant went to voice mail.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, and rent arrears.

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 landlord served a 14-day notice on the tenant on 11 January 2024, and the tenant did not remedy the breach within the required period.

I have granted possession at 1.00pm today as the tenant is not residing at the premises. This is to allow the landlord to secure the premises before the Easter weekend.

Tenancy Tribunal case 4801778 — Rent arrears at 1 Karaka Street, Stoke, Nelson 7011

At a glance

Tenancy Tribunal case 4801778 — Rent arrears at 1 Karaka Street, Stoke, Nelson 7011

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