Tenantcheck Insights · Case study
Tenancy Tribunal case 4997771 — Tenancy dispute at Unit/Flat Unit 705, 8 Waikumete Road, Glen Eden,
Decided 6 Nov 2024 · Published 6 Nov 2024 · Application 4997771
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 application is dismissed.
Reasons
- Both parties attended the hearing which was held by teleconference.
- The applicant, which is a social housing provider, has applied to the Tribunal for termination of Ms Charlton’s tenancy agreement on the grounds that she was in breach of the occupancy clauses in that agreement.
- The background to this claim is that Ms Charlton signed a tenancy agreement at the beginning of her tenancy which included two other named occupants. Subsequent to that agreement being signed Ms Charlton advised the Ministry of Social Development (MSD) that she was no longer in a relationship with one of the named occupants and as a result of that information Ms Charlton’s rent was reduced from $181.00 per week to $84.00 per week. There were other attendant benefit changes.
- It became apparent that the other two named occupants remained living at the premises and on 4 June 2024 the landlord gave notice to the tenant advising her that she was in breach of her agreement by having the two named occupants remain at the premises. Ms Charlton was given to 26 June 2024 to provide the landlord with proof that these occupants no longer resided at the tenancy.
- Ms Charlton did not provide that evidence and so the landlord is now seeking termination of the tenancy on the grounds that she has breached her agreement.
- I am dismissing this application because the only tenancy agreement in place is the original one signed by both parties which shows Ms Charlton as the tenant with two named occupants.
- There is no breach of this agreement and so the tenancy cannot be terminated. C ter Haar 06 November 2024