What was the outcome of Tenancy Tribunal case 5002088?

The tribunal order states: The tenancy of Raquel Leigh Holderness at Unit/Flat Flat 2, 182 Buchanans

How much money was awarded in case 5002088?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5002088?

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

Where can I read the official tribunal order for case 5002088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10885777-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5002088?

The tribunal order states: The tenancy of Raquel Leigh Holderness at Unit/Flat Flat 2, 182 Buchanans

How much money was awarded in case 5002088?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5002088?

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

Where can I read the official tribunal order for case 5002088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10885777-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 182 Buchanans Road, Hei Hei, Christchurch Tenancy Tribunal Case 5002088 — Rent arrears

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Order

The tenancy of Raquel Leigh Holderness at Unit/Flat Flat 2, 182 Buchanans Road, Hei Hei, Christchurch 8042 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, today Friday 27 September 2024 at

59 pm.

Raquel Leigh Holderness must pay Kāinga Ora–Homes And Communities $746.30 immediately, being rent arrears to termination. This sum incorporates and updates that in the Tribunal’s order 4910275 dated 27 August 2024.

Reasons

The landlord attended the hearing.

The tenant was telephoned but did not answer.

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 not living at the property as required by paragraph 14 of the tenancy agreement. This is a requirement because the landlord is a social housing provider and its properties are only available to people who meet its criteria as requiring social housing. As the landlord stated in its written submission: “Kāinga Ora is a social housing organisation. There is a high demand for social housing and it is important that those provided with our housing are living in that home. It is also a condition of the Tenancy Agreement. The tenant is not living in the home – and she is no longer engaging with us, she has ceased responding.”

The landlord served a 14-day notice on the tenant on 9 August 2024 requiring the tenant to return and live in the property. The landlord inspected the property on 30 August 2024 and found two people not named on the tenancy agreement living at the property. These are not people authorised by the landlord to live at the property. They advised that they were paying money to the tenant. It would appear that the tenant has sublet the property.

The landlord provided evidence from the police that the tenant is bailed to another property and so cannot return to this property.

The landlord provided a rent summary showing that the tenant is substantially more than 21 days in arrears.

The Tribunal is satisfied on the balance of probabilities that the tenant has not returned to live in the property as required by the terms of the tenancy agreement.

It would be inequitable to refuse to terminate the tenancy because: a. The tenant has had adequate time to return to the property and remedy the breach. b. The tenant has been given an opportunity to terminate the tenancy by notice which would have limited her liability for rent arrears. c. The tenant has sublet the property. d. The tenant is substantially in rent arrears and the tenancy could be terminated on this basis. e. The nature of the breach is serious given the landlord’s responsibilities as a social service provider. f. The breach has been ongoing for approximately two months. g. Because of her bail conditions, it is unlikely that the tenant will be legally able to remedy the breach. Rent arrears

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The amount of rent arrears ordered in this Order updates and replaces that in the Tribunal’s order 4910275 dated 27 August 2024.

Order

59 pm.

Reasons

The landlord attended the hearing.

The tenant was telephoned but did not answer.

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 landlord provided evidence from the police that the tenant is bailed to another property and so cannot return to this property.

The landlord provided a rent summary showing that the tenant is substantially more than 21 days in arrears.

The Tribunal is satisfied on the balance of probabilities that the tenant has not returned to live in the property as required by the terms of the tenancy agreement.

Tenancy Tribunal case 5002088 — Rent arrears at Unit/Flat Flat 2, 182 Buchanans Road, Hei Hei, Christchurch

At a glance

Tenancy Tribunal case 5002088 — Rent arrears at Unit/Flat Flat 2, 182 Buchanans Road, Hei Hei, Christchurch

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