What was Tenancy Tribunal case 4958433 about?

The tribunal order states: The tenancy of [The tenant/s] at 26A Kirk Street, Whakatane, Whakatane 3120

How much money was awarded in case 4958433?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4958433?

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

Where can I read the official tribunal order for case 4958433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10744859-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4958433 about?

The tribunal order states: The tenancy of [The tenant/s] at 26A Kirk Street, Whakatane, Whakatane 3120

How much money was awarded in case 4958433?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4958433?

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

Where can I read the official tribunal order for case 4958433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10744859-Tribunal_Order_Redacted.pdf.

26A Kirk Street, Whakatane, Whakatane 3120 Tenancy Tribunal Case 4958433 — Rent arrears

Tenantcheck Insights

Reasons

The landlord attended the hearing. The tenant is in long-term care and not returning to the premises. A call to his sister confirmed the situation and that family had removed all items from the premises and that it is vacant.

The rent arrears were waived by the landlord given the circumstances leading to this application.

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, a requirement of the tenancy agreement (section 26).

The landlord served a 14-day notice on the tenant on 5 July 2024. The personal circumstances of the tenant meant he was never going to remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because the tenant is in alternative care. Medical evidence confirms he will not be returning to the premises. His family have removed all items form the premises and it is already vacant. Suppression

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.

The landlord did not request suppression for itself in its application. It believed, given the circumstances, consideration of suppressing the tenant details had merit. I agree and apply my initiative in ordering his details be suppressed.

Reasons

The rent arrears were waived by the landlord given the circumstances leading to this application.

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.

The tenant has breached their obligations by failing to live at the premises, a requirement of the tenancy agreement (section 26).

The landlord served a 14-day notice on the tenant on 5 July 2024. The personal circumstances of the tenant meant he was never going to remedy the breach within the required period.

Tenancy Tribunal case 4958433 — Rent arrears at 26A Kirk Street, Whakatane, Whakatane 3120

At a glance

Tenancy Tribunal case 4958433 — Rent arrears at 26A Kirk Street, Whakatane, Whakatane 3120

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions