How much money was awarded in case 5041131?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5041131?

The dispute type was not classified.

Where can I read the official tribunal order for case 5041131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11091915-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5041131?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5041131?

The dispute type was not classified.

Where can I read the official tribunal order for case 5041131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11091915-Tenancy_Tribunal_Order.pdf.

42 Elizabeth Street, Riversdale, Blenheim 7201 Tenancy Tribunal Case 5041131 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 5041131?

The tribunal order states: The tenancy of Cassandra Susan Wilkinson at 42 Elizabeth Street, Riversdale,

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 5041131 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

The tenancy of Cassandra Susan Wilkinson at 42 Elizabeth Street, Riversdale, Blenheim 7201 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.

Cassandra Susan Wilkinson owes must pay Kāinga Ora–Homes And Communities $27.00 immediately, calculated as shown in the table below

Reasons

The landlord attended the hearing. The tenant did not.

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.

Clause 14 and 15 of the tenancy agreement require the tenant to live in the property at all times and notify the landlord if they intend to be away from the property for more than 30 days.

The landlord claims that the tenant is in breach of the tenancy agreement, as they have not been living at the property since at least 29 August 2024 (11.5 weeks) and did not give the landlord notice that they would be away for more than 30 days. In support of their claim, the landlord refers to the following evidence: a. The power had been disconnected at the property. b. Photographs from an inspection completed on 29 August 2024. Belongings and rubbish are strewn about all over the property. Perishable items such as food are out in the open and rotting. The lawns are overgrown and copious amounts of rubbish have been left outside. The landlord also stated that the house was infested. c. The neighbours advised the landlord on 29 August 2024 that they had not seen the tenant in 4 weeks. d. The landlord has had no contact from the tenant since 22 August 2024, despite significant attempts to engage. e. The landlord stated that neighbours more recently confirmed that they have not seen the tenant in over 3 months.

The tenant’s rent is paid via a redirection of their benefit. The tenant is not in arrears and therefore, the landlord is unable to file an application for termination under section 61 RTA.

The landlord served a 14-day notice on the tenant on 27 September 2024 requiring the tenant to remedy the breach and resume occupation of the property within 14 days. The tenant did not do this.

It would be inequitable to refuse to terminate the tenancy because the property has clearly been abandoned and is in a very poor state. The landlord needs to take immediate possession of the property to avoid further deterioration from fleas, rodents and perishable items left out in the open. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5041131 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

The tenancy of Cassandra Susan Wilkinson at 42 Elizabeth Street, Riversdale, Blenheim 7201 is terminated, and possession is granted to Kāinga Ora–Homes And Communities immediately.

Cassandra Susan Wilkinson owes must pay Kāinga Ora–Homes And Communities $27.00 immediately, calculated as shown in the table below

Reasons

The landlord attended the hearing. The tenant did not.

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.

Clause 14 and 15 of the tenancy agreement require the tenant to live in the property at all times and notify the landlord if they intend to be away from the property for more than 30 days.

The tenant’s rent is paid via a redirection of their benefit. The tenant is not in arrears and therefore, the landlord is unable to file an application for termination under section 61 RTA.

The landlord served a 14-day notice on the tenant on 27 September 2024 requiring the tenant to remedy the breach and resume occupation of the property within 14 days. The tenant did not do this.

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5041131 — Tenancy dispute at 42 Elizabeth Street, Riversdale, Blenheim 7201

At a glance

Tenancy Tribunal case 5041131 — Tenancy dispute at 42 Elizabeth Street, Riversdale, Blenheim 7201

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions