What was Tenancy Tribunal case 4810697 about?

The published order could not be summarised from available data.

How much money was awarded in case 4810697?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4810697?

The dispute type was not classified.

Where can I read the official tribunal order for case 4810697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10154112-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4810697 about?

The published order could not be summarised from available data.

How much money was awarded in case 4810697?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4810697?

The dispute type was not classified.

Where can I read the official tribunal order for case 4810697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10154112-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4810697 — Tenancy dispute

Reasons

Both parties initially attended the hearing which was held by teleconference. However, after I had indicated my decision, [the Tenant/s] terminated her part in the call. She was telephoned back but chose not to answer the call. Accordingly, the majority of the hearing was conducted with her input, however it was finalised in her absence.
[The Landlord/s] has applied for termination of the tenancy for breach of [the Tenant/s] obligations, in particular clause 26 of the tenancy agreement which requires [the Tenant/s] to reside in the home, given it is state housing.
Unfortunately, [the Tenant/s] cannot currently reside in the home due to ongoing and serious health conditions she is facing. She has not resided there for approximately a year.
[The Tenant/s] agrees that she is not living there and has no ability to live there but has concerns for her son who has mental health issues and is who residing in the home, and her belongings which she cannot physically relocate. The law & discussion
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 (RTA).
[The Tenant/s] has breached her obligations by not residing in the home. [The Landlord/s] have served a notice to remedy on her which she has not remedied within the required time.
It would be inequitable to refuse to terminate the tenancy because this is state housing and state housing is at a premium. There are many people in need of such homes. There also appears to be some maintenance work that may be required in the property which will also be able to be attended to when the property has been vacated.
[The Tenant/s] argues that her son, who is in need, should be able to remain in the home as a tenant. Whilst this would make practical sense, it is not within the jurisdiction of the Tenancy Tribunal to direct [the Landlord/s] on whom they should rent their homes to. There is a system they utilise for such allocations and that is entirely up to them. The tenancy agreement is between [the Landlord/s] and [the Tenant/s] and therefore it is their relationship only I can consider. 1
I have the utmost sympathy for [the Tenant/s] and reluctantly come to this decision, however I must. There have been a number of opportunities where [the Tenant/s] could have resolved this directly with [the Landlord/s] to avoid this hearing and ultimate decision, however as the situation has prevailed for a substantial amount of time, I must now end the tenancy.
The tenancy will therefore end in a week’s time. [The Landlord’s Representative] has provided her assurance that a staff member of [the Landlord/s] will attend the home and discuss the situation with [the Tenant/s’] son and how help can be obtained for him. Hopefully this will mean that he can obtain housing more suitable for his needs as well.
Any of [the Tenant/s'] belongings that are left in the home after 9 April will be stored by [the Landlord/s] and [the Tenant/s] can make arrangements directly with them to have the belongings relocated.
I hope that this closure on this tenancy will enable [the Tenant/s] to obtain housing that is more suitable to her, especially with her medical needs. I understand that she has an application of her own to make regarding maintenance that is required in the property and as I advised her at the hearing, she is still entitled to make that application which will be considered by the Tribunal separately. 1 Section 77 of the RTA
Given the matters of a personal nature discussed in this decision, I do not consider it appropriate for either of the parties’ names to be published and accordingly approve suppression orders 2 for both parties.

Reasons

Both parties initially attended the hearing which was held by teleconference. However, after I had indicated my decision, [the Tenant/s] terminated her part in the call. She was telephoned back but chose not to answer the call. Accordingly, the majority of the hearing was conducted with her input, however it was finalised in her absence.

[The Landlord/s] has applied for termination of the tenancy for breach of [the Tenant/s] obligations, in particular clause 26 of the tenancy agreement which requires [the Tenant/s] to reside in the home, given it is state housing.

Unfortunately, [the Tenant/s] cannot currently reside in the home due to ongoing and serious health conditions she is facing. She has not resided there for approximately a year.

[The Tenant/s] agrees that she is not living there and has no ability to live there but has concerns for her son who has mental health issues and is who residing in the home, and her belongings which she cannot physically relocate. The law & discussion

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 (RTA).

[The Tenant/s] has breached her obligations by not residing in the home. [The Landlord/s] have served a notice to remedy on her which she has not remedied within the required time.

It would be inequitable to refuse to terminate the tenancy because this is state housing and state housing is at a premium. There are many people in need of such homes. There also appears to be some maintenance work that may be required in the property which will also be able to be attended to when the property has been vacated.

[The Tenant/s] argues that her son, who is in need, should be able to remain in the home as a tenant. Whilst this would make practical sense, it is not within the jurisdiction of the Tenancy Tribunal to direct [the Landlord/s] on whom they should rent their homes to. There is a system they utilise for such allocations and that is entirely up to them. The tenancy agreement is between [the Landlord/s] and [the Tenant/s] and therefore it is their relationship only I can consider. 1

I have the utmost sympathy for [the Tenant/s] and reluctantly come to this decision, however I must. There have been a number of opportunities where [the Tenant/s] could have resolved this directly with [the Landlord/s] to avoid this hearing and ultimate decision, however as the situation has prevailed for a substantial amount of time, I must now end the tenancy.

The tenancy will therefore end in a week’s time. [The Landlord’s Representative] has provided her assurance that a staff member of [the Landlord/s] will attend the home and discuss the situation with [the Tenant/s’] son and how help can be obtained for him. Hopefully this will mean that he can obtain housing more suitable for his needs as well.

Any of [the Tenant/s'] belongings that are left in the home after 9 April will be stored by [the Landlord/s] and [the Tenant/s] can make arrangements directly with them to have the belongings relocated.

I hope that this closure on this tenancy will enable [the Tenant/s] to obtain housing that is more suitable to her, especially with her medical needs. I understand that she has an application of her own to make regarding maintenance that is required in the property and as I advised her at the hearing, she is still entitled to make that application which will be considered by the Tribunal separately. 1 Section 77 of the RTA

Given the matters of a personal nature discussed in this decision, I do not consider it appropriate for either of the parties’ names to be published and accordingly approve suppression orders 2 for both parties.

Tenancy Tribunal case 4810697 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4810697 — Tenancy dispute

At a glance

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions