What was Tenancy Tribunal case 4881766 about?

The tribunal order states: The tenancy of Calvin Brougham at [Tenancy address suppressed] is

How much money was awarded in case 4881766?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4881766?

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

Where can I read the official tribunal order for case 4881766?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10640968-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4881766 about?

The tribunal order states: The tenancy of Calvin Brougham at [Tenancy address suppressed] is

How much money was awarded in case 4881766?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4881766?

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

Where can I read the official tribunal order for case 4881766?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10640968-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4881766 — 14-day notice

Order

The tenancy of Calvin Brougham at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Only the landlord attended the hearing which took place by teleconference. The tenant was called on the number provided but the calls were not answered.
On 10 June 2024 this application was amended to an application for termination pursuant to section 56 of the Residential Tenancies Act 1986 (RTA) and adjourned to today’s date.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and an order for disposal of goods.

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 ensure the premises are occupied principally for residential purposes pursuant to section 40(1)(b) of the Residential Tenancies Act 1986 (RTA) and failing to keep the premises reasonably clean see section 40(1)(c) RTA.
The landlord served a 14-day notice on the tenant on 10 June 2024 in respect of the breach of section 40(1)(b), and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because: (a)The landlord provided evidence that the premises have not been occupied principally for residential purposes since they were notified by a neighbour in July 2023 that the front door was wide open. (b)A series of inspection reports were provided showing that none of the tenant’s belongings have moved since July 2023. (c)The electricity has been off since 2023 and at the last inspection the landlord discovered that the fridge is leaking on to the floor due to rotten perishable goods inside leaking out. (d)Attempts by the landlord to contact the tenant have been unsuccessful and the tenant did not attend the hearing today. (e) 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, actually occupying the premises for residential purposes is an important aspect of the tenancy. Disposal of goods
The landlord has applied for the disposal of goods the tenant has left at the premises.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Suppression
The applicant is seeking suppression of their 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 applicant has been wholly successful in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.

Order

The tenancy of Calvin Brougham at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
[The landlord/s] must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Only the landlord attended the hearing which took place by teleconference. The tenant was called on the number provided but the calls were not answered.
On 10 June 2024 this application was amended to an application for termination pursuant to section 56 of the Residential Tenancies Act 1986 (RTA) and adjourned to today’s date.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and an order for disposal of goods.

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 ensure the premises are occupied principally for residential purposes pursuant to section 40(1)(b) of the Residential Tenancies Act 1986 (RTA) and failing to keep the premises reasonably clean see section 40(1)(c) RTA.
The landlord served a 14-day notice on the tenant on 10 June 2024 in respect of the breach of section 40(1)(b), and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because: (a)The landlord provided evidence that the premises have not been occupied principally for residential purposes since they were notified by a neighbour in July 2023 that the front door was wide open. (b)A series of inspection reports were provided showing that none of the tenant’s belongings have moved since July 2023. (c)The electricity has been off since 2023 and at the last inspection the landlord discovered that the fridge is leaking on to the floor due to rotten perishable goods inside leaking out. (d)Attempts by the landlord to contact the tenant have been unsuccessful and the tenant did not attend the hearing today. (e) 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, actually occupying the premises for residential purposes is an important aspect of the tenancy. Disposal of goods
The landlord has applied for the disposal of goods the tenant has left at the premises.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Suppression
The applicant is seeking suppression of their 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 applicant has been wholly successful in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.

Tenancy Tribunal case 4881766 — 14-day notice

At a glance

Tenancy Tribunal case 4881766 — 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