What was Tenancy Tribunal case 4858402 about?

The tribunal order states: The tenancy of [The tenant/s] at 11 Baldwin Street, Otahuhu, Auckland 1062 is

How much money was awarded in case 4858402?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4858402?

The dispute type was not classified.

Where can I read the official tribunal order for case 4858402?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10368211-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4858402 about?

The tribunal order states: The tenancy of [The tenant/s] at 11 Baldwin Street, Otahuhu, Auckland 1062 is

How much money was awarded in case 4858402?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4858402?

The dispute type was not classified.

Where can I read the official tribunal order for case 4858402?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10368211-Tenancy_Tribunal_Order.pdf.

11 Baldwin Street, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4858402 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing by remote teleconference.

Kainga Ora-Homes and Communities (“Kainga Ora“) is the landlord.

Kainga Ora wrote to the tenant on 18 December 2023. The letter gave the tenant 90 days’ notice of termination of her tenancy. The tenancy ended on 22 April 2024. The basis for the change in housing is that the tenant currently resides in a three-bedroom home. The tenant’s household composition indicates that she only requires a one-bedroom home. The landlord requires that she move to a different home and have found an alternative one which meets her needs based on her most recent assessment.

The tenant has not left the property and Kainga Ora has applied for termination of the tenancy and possession.

The tenant opposes the application. She says that she was granted an exemption by Kainga Ora for her to stay in her current home. During the hearing she also stated that she required a further 10 days to provide evidence to the Tribunal. I have also considered the letter from Health New Zealand dated 15 April 2024 in support of the tenant. The landlord confirmed during the hearing that no exemption had been granted to the tenant.

Section 53B Residential Tenancies Act 1986 enables Kainga Ora to terminate a periodic tenancy on 90 days’ notice if Kainga Ora requires the tenant to transfer to different social housing. The section requires the transfer to be “necessary or desirable for any reason; and that the other housing is appropriate for the tenant’s housing needs as most recently assessed...”

Kainga Ora consider the alternative accommodation offered to the tenant to be appropriate taking into account her personal circumstances.

I am satisfied that the landlord’s application is properly made out and I grant the application accordingly. While I sympathise with the tenant’s personal circumstances I must also have regard to the landlord’s needs based on section 53B(1)(b)(iii) RTA.

Kainga Ora have provided the required proof of the matters set out in the RTA. They are entitled to terminate the tenancy and possession and I make that order accordingly.

I am conscious of the difficulty that the tenant may have in collecting her belongings and moving to a new home. To assist with that, I order that possession be granted to the landlord at 5pm Wednesday 29 May 2024.

The landlord does not seek reimbursement of the filing fee.

Reasons

Both parties attended the hearing by remote teleconference.

Kainga Ora-Homes and Communities (“Kainga Ora“) is the landlord.

The tenant has not left the property and Kainga Ora has applied for termination of the tenancy and possession.

Kainga Ora consider the alternative accommodation offered to the tenant to be appropriate taking into account her personal circumstances.

Kainga Ora have provided the required proof of the matters set out in the RTA. They are entitled to terminate the tenancy and possession and I make that order accordingly.

The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 4858402 — Tenancy dispute at 11 Baldwin Street, Otahuhu, Auckland 1062

At a glance

Claims & awards

Tenancy Tribunal case 4858402 — Tenancy dispute at 11 Baldwin Street, Otahuhu, Auckland 1062

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions