What was Tenancy Tribunal case 4903813 about?

The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at

How much money was awarded in case 4903813?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4903813?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4903813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10742180-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4903813 about?

The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at

How much money was awarded in case 4903813?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4903813?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4903813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10742180-Tribunal_Order_Redacted.pdf.

8H Fow Street, Hamilton Central, Hamilton 3204 Tenancy Tribunal Case 4903813 — Healthy homes

Order

Kāinga Ora–Homes And Communities is granted possession of the premises at 8H Fow Street, Hamilton Central, Hamilton 3204 immediately.

Reasons

This is a rehearing of an application, order dated 4 July 2024, on the grounds that the tenant had not received notice of the original hearing date, and so did not have the opportunity to attend.
The landlord attended the current hearing, but the tenant failed to appear.
An email was received from the tenant on the date of the hearing asking for the hearing to be rescheduled because the tenant was unwell and could not attend. No evidence was provided to support this application.
The landlord had a recent phone number for the tenant which was called by the Tribunal, but it went straight to voicemail.
I am satisfied that the tenant had received notice of the hearing. The application to reschedule is not granted and the hearing continued in the tenants absence.
The landlord has applied for possession of the premises following the termination of the tenancy.
Kāinga Ora–Homes and Communities are a social housing provider and on 29 February 2024 issued a notice to the tenant giving 90 days’ under section 53B Residential Tenancies Act 1986, notice terminating the tenancy on 3 June 2024. 53B Special provisions for notice terminating social housing tenancies (1) The landlord under a periodic tenancy may terminate the tenancy by giving at least 90 days’ notice if— (a) the tenancy— (i) was granted before 14 April 2014 and is a tenancy of Kāinga Ora housing; or (ii) was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992 as eligible to be allocated social housing; but (b) following the grant of the tenancy,- (iii) the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that— (A) the transfer is necessary or desirable for any reason; and (B) the other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place).
The landlord claims that the transfer is necessary and desirable because the tenant’s current premises do not comply with the Healthy Homes Standards, HHS, and due to the tenant preventing access to the premises from late 2019 the landlord does not know if what amount of work or maintenance is required. The date for compliance with the HHS is 1 July 2025 and the landlord is legally required to comply by that date.
The landlord has offered the tenant to transfer to an alternate accommodation which has an extra bedroom and complies with the Health Homes Standards. They believe that this housing is appropriate and an upgrade from the tenants’ current property.
The landlords have also offered to cover the cost and organisation to move the tenant, and to wear masks and protective clothing to minimise the risk to the tenant’s health. The tenant has consistently refused to move or allow access.
The proposed premises have been held for the tenant since 29 February 2024 and as a social housing provider the landlord said that it cannot be held empty indefinitely. The landlord is seeking immediate possession of the premises and will not hold the alternate accommodation past 30 August 2024.
The tenancy ended on 3 June 2024 and the landlord filed an application for possession on 31 May 2024. Possession was originally granted within 90 days of the tenancy ending. The granting of a rehearing has altered the timing of the possession being awarded. The rehearing has also found that there are grounds to terminate the tenancy and award possession. I find that on this basis that he requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
Name suppression of the tenant is granted because of the vulnerability of the tenant and the little public interest in publishing their name.

Order

Kāinga Ora–Homes And Communities is granted possession of the premises at 8H Fow Street, Hamilton Central, Hamilton 3204 immediately.

Reasons

This is a rehearing of an application, order dated 4 July 2024, on the grounds that the tenant had not received notice of the original hearing date, and so did not have the opportunity to attend.
The landlord attended the current hearing, but the tenant failed to appear.
An email was received from the tenant on the date of the hearing asking for the hearing to be rescheduled because the tenant was unwell and could not attend. No evidence was provided to support this application.
The landlord had a recent phone number for the tenant which was called by the Tribunal, but it went straight to voicemail.
I am satisfied that the tenant had received notice of the hearing. The application to reschedule is not granted and the hearing continued in the tenants absence.
The landlord has applied for possession of the premises following the termination of the tenancy.
Kāinga Ora–Homes and Communities are a social housing provider and on 29 February 2024 issued a notice to the tenant giving 90 days’ under section 53B Residential Tenancies Act 1986, notice terminating the tenancy on 3 June 2024. 53B Special provisions for notice terminating social housing tenancies (1) The landlord under a periodic tenancy may terminate the tenancy by giving at least 90 days’ notice if— (a) the tenancy— (i) was granted before 14 April 2014 and is a tenancy of Kāinga Ora housing; or (ii) was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992 as eligible to be allocated social housing; but (b) following the grant of the tenancy,- (iii) the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that— (A) the transfer is necessary or desirable for any reason; and (B) the other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place).
The landlord claims that the transfer is necessary and desirable because the tenant’s current premises do not comply with the Healthy Homes Standards, HHS, and due to the tenant preventing access to the premises from late 2019 the landlord does not know if what amount of work or maintenance is required. The date for compliance with the HHS is 1 July 2025 and the landlord is legally required to comply by that date.
The landlord has offered the tenant to transfer to an alternate accommodation which has an extra bedroom and complies with the Health Homes Standards. They believe that this housing is appropriate and an upgrade from the tenants’ current property.
The landlords have also offered to cover the cost and organisation to move the tenant, and to wear masks and protective clothing to minimise the risk to the tenant’s health. The tenant has consistently refused to move or allow access.
The proposed premises have been held for the tenant since 29 February 2024 and as a social housing provider the landlord said that it cannot be held empty indefinitely. The landlord is seeking immediate possession of the premises and will not hold the alternate accommodation past 30 August 2024.
The tenancy ended on 3 June 2024 and the landlord filed an application for possession on 31 May 2024. Possession was originally granted within 90 days of the tenancy ending. The granting of a rehearing has altered the timing of the possession being awarded. The rehearing has also found that there are grounds to terminate the tenancy and award possession. I find that on this basis that he requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, 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.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
Name suppression of the tenant is granted because of the vulnerability of the tenant and the little public interest in publishing their name.

Tenancy Tribunal case 4903813 — Healthy homes at 8H Fow Street, Hamilton Central, Hamilton 3204

At a glance

Tenancy Tribunal case 4903813 — Healthy homes at 8H Fow Street, Hamilton Central, Hamilton 3204

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions