How much money was awarded in case 4851382?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4851382?

The dispute type was not classified.

Where can I read the official tribunal order for case 4851382?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10313301-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4851382?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4851382?

The dispute type was not classified.

Where can I read the official tribunal order for case 4851382?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10313301-Tribunal_Order_Redacted.pdf.

372 Cambridge Terrace, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 4851382 — Tenancy dispute

Q: What was Tenancy Tribunal case 4851382 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

The tenancy of [The tenant/s] at 372 Cambridge Terrace, Naenae, Lower Hutt 5011 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59pm today, Thursday 9 May 2024.

Reasons

The landlord attended the hearing represented by Ms Smith. There was no appearance by the tenant but I am satisfied that she was served with notice of the 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 (RTA).

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

In this case, the tenant has been absent from the premises for several months and has now entered residential care due to a physical and neurological disability. It is anticipated that she will remain in residential care for the time- being as the level of care she requires cannot be provided in the community.

The tenancy must be terminated because the tenant is no longer occupying the premises as required by clause 12 of the tenancy agreement and section 40(1)(b) RTA which states that the tenant must ensure the premises are occupied for residential purposes.

Unfortunately, the tenant is not physically able to sign any paperwork to end the tenancy and an application for appointment of a property attorney is still pending. Therefore, the landlord must apply for a Tribunal order to end the tenancy. This has been explained to the tenant and her family, who agree with the process. The landlord has also assured the tenant that termination of this tenancy will not preclude her from gaining another Kainga Ora property should she be able to return to living in the community in future.

For the above reasons, it is appropriate to terminate the tenancy.

The Tribunal also grants suppression of the tenant’s name and identifying details as it is not in the public interest to publicise those details given that the tenancy is not being terminated through any fault of the tenant.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

The tenancy of [The tenant/s] at 372 Cambridge Terrace, Naenae, Lower Hutt 5011 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59pm today, Thursday 9 May 2024.

Reasons

The landlord attended the hearing represented by Ms Smith. There was no appearance by the tenant but I am satisfied that she was served with notice of the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

For the above reasons, it is appropriate to terminate the tenancy.

Tenancy Tribunal case 4851382 — Tenancy dispute at 372 Cambridge Terrace, Naenae, Lower Hutt 5011

At a glance

Claims & awards

Tenancy Tribunal case 4851382 — Tenancy dispute at 372 Cambridge Terrace, Naenae, Lower Hutt 5011

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions