What was Tenancy Tribunal case 4839061 about?

The tribunal order states: The tenancy of Stacey Peters at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4839061?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4839061?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4839061?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10217429-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4839061 about?

The tribunal order states: The tenancy of Stacey Peters at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4839061?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4839061?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4839061?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10217429-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4839061 — 14-day notice

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.

The landlord is a social housing provider and the tenant entered into an agreement dated 4 April 2023 to rent a unit in a block of units.

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 in breach of the tenancy agreement.

Clause 29 of the tenancy agreement dated 4 April 2023 outlines that the tenant must live at the property at all times and the property must be used principally as a home for the tenant and their family.

Clause 30 states that the tenant needs to let the landlord know in writing if they are going to be away from the property for more than 30 days.

In other tenancies this would be a strange and perhaps intrusive condition, but the landlord is a social housing provider and rents homes based on housing need and tenants receive an adjusted rent in accordance with their income. Considering this the clauses are fair and reasonable, and actually using the home to personally live in is an important aspect of the tenancy.

The landlord served 14-day notices on the tenant on 26 September 2023, 10 October 2023 and 11 March 2024, and the tenant did not remedy the breach within the required period.

A tenancy manager stated that she went to the premises yesterday (16 April 2024) and there was no one home. She looked through the windows and saw no furniture, only rubbish and no evidence of anyone living there.

The landlord produced a copy of a letter to the tenant dated 14 September 2023 advising that Mercury Energy were disconnecting the power.

It would be inequitable to refuse to terminate the tenancy because: (a)The tenant has not remedied the breach of the tenancy agreement despite notices being sent. (b)The landlord has been unable to make contact with the tenant and the tenant did not attend a meeting on 15 March 2024 that they were sent notice of. (c)The landlord advised that the failure of the tenant to live at the premises is placing neighbours at risk as other people are accessing the empty property. (d)The tenant did not attend the hearing today. Suppression/Filing Fee

The landlord is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986. The landlord has been wholly successful in these proceedings and suppression of their identifying details is granted as sought.

The landlord is not seeking reimbursement of the filing fee.

Order

The tenancy of Stacey Peters at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.
The landlord is a social housing provider and the tenant entered into an agreement dated 4 April 2023 to rent a unit in a block of units.
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 in breach of the tenancy agreement.
Clause 29 of the tenancy agreement dated 4 April 2023 outlines that the tenant must live at the property at all times and the property must be used principally as a home for the tenant and their family.
Clause 30 states that the tenant needs to let the landlord know in writing if they are going to be away from the property for more than 30 days.
In other tenancies this would be a strange and perhaps intrusive condition, but the landlord is a social housing provider and rents homes based on housing need and tenants receive an adjusted rent in accordance with their income. Considering this the clauses are fair and reasonable, and actually using the home to personally live in is an important aspect of the tenancy.
The landlord served 14-day notices on the tenant on 26 September 2023, 10 October 2023 and 11 March 2024, and the tenant did not remedy the breach within the required period.
A tenancy manager stated that she went to the premises yesterday (16 April 2024) and there was no one home. She looked through the windows and saw no furniture, only rubbish and no evidence of anyone living there.
The landlord produced a copy of a letter to the tenant dated 14 September 2023 advising that Mercury Energy were disconnecting the power.
It would be inequitable to refuse to terminate the tenancy because: (a)The tenant has not remedied the breach of the tenancy agreement despite notices being sent. (b)The landlord has been unable to make contact with the tenant and the tenant did not attend a meeting on 15 March 2024 that they were sent notice of. (c)The landlord advised that the failure of the tenant to live at the premises is placing neighbours at risk as other people are accessing the empty property. (d)The tenant did not attend the hearing today. Suppression/Filing Fee
The landlord is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986. The landlord has been wholly successful in these proceedings and suppression of their identifying details is granted as sought.
The landlord is not seeking reimbursement of the filing fee.

Tenancy Tribunal case 4839061 — 14-day notice

At a glance

Tenancy Tribunal case 4839061 — 14-day notice

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