Tenantcheck Insights · Case study
Tenancy Tribunal case 4968273 — Tenancy dispute at 7B Hayman Place, Beach Haven, Auckland 0626
Decided 4 Sept 2024 · Published 4 Sept 2024 · Application 4968273
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenancy of [The tenant/s] at 7B Hayman Place, Beach Haven, Auckland 0626 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59pm on Thursday 26 September 2024.
- The tenancy will be terminated at that time and date if [The tenant/s] is not resident at the tenancy address.
- If Fahil Hussein Al Shareef is resident at the tenancy address at that date then this termination order will lapse.
Reasons
- This application was scheduled to be heard by teleconference. I was unable to connect with Mr Shareef’s phone and so the hearing proceeded in his absence.
- The background to this claim is that on 14 May 2024 Mr Shareef notified the landlord that he went overseas on 20 April 2024. He gave no return date and the landlord has had difficulty contacting Mr Shareef.
- Not residing at the premises is a breach of cl 26 of the tenancy agreement which provides that a tenant must live at the premises at all times and the premises must be used principally as a home for you and your family.
- The landlord is entitled to have the tenancy terminated because of this breach.
- However, it appears that the landlord has heard from the person residing at the premises that Mr Shareef is due home on 25 September 2024. On this basis that landlord seeks termination of the tenancy only if the tenant fails to return home on that date.
- If Mr Shareef is resident at the premises on 26 September 2024 then the order for termination of his tenancy will lapse. C ter Haar 04 September 2024