What was the outcome of Tenancy Tribunal case 5058588?

The tribunal order states: The tenancy of Kuluimotu Tauetule Fakamau Ricky Rohe at 30A Winsford

How much money was awarded in case 5058588?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5058588?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5058588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11085433-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5058588?

The tribunal order states: The tenancy of Kuluimotu Tauetule Fakamau Ricky Rohe at 30A Winsford

How much money was awarded in case 5058588?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5058588?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5058588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11085433-Tenancy_Tribunal_Order.pdf.

30A Winsford Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 5058588 — 14-day notice

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Reasons

The hearing was conducted by telephone.

Jan Maturan-Abuid attended the hearing for the landlord.

The tenant did not attend. The Tribunal telephoned the tenant, but they did not answer their telephone. The hearing proceeded in the tenant’s absence.

The landlord has applied for termination of the tenancy for the tenant’s breach of their 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. 1

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 state:

You must live at the home at all times. The home must only be used by you and your family who were part of your application.

If you are going to be away from the home for more than 30 days (for example, if you are on holiday or sick), you need to let us know.

The terms requiring Kāinga Ora tenants to live in their homes is necessary to ensure that the scarce resource of public housing is allocated to people who need it. If a tenant does not live in the premises, they do not need public housing. The premises should therefore be allocated to someone else who does need public housing assistance.

The tenant has not been living in the premises. Kāinga Ora issued a 14-day notice to the tenant on 11 September 2024. The notice was set to expire on the later date of 1 October 2024. The tenant did not remedy the breach by returning to the premises within the required time.

As at the date of hearing, the tenant has still not returned to the premises.

It would be inequitable to refuse to terminate the tenancy because there are many people in urgent need of public housing assistance and this tenant does not use this scarce public resource.

The Tribunal orders termination of the tenancy

Reasons

The hearing was conducted by telephone.

Jan Maturan-Abuid attended the hearing for the landlord.

The tenant did not attend. The Tribunal telephoned the tenant, but they did not answer their telephone. The hearing proceeded in the tenant’s absence.

The landlord has applied for termination of the tenancy for the tenant’s breach of their 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. 1

Clause 14 and 15 of the tenancy agreement state:

You must live at the home at all times. The home must only be used by you and your family who were part of your application.

If you are going to be away from the home for more than 30 days (for example, if you are on holiday or sick), you need to let us know.

As at the date of hearing, the tenant has still not returned to the premises.

It would be inequitable to refuse to terminate the tenancy because there are many people in urgent need of public housing assistance and this tenant does not use this scarce public resource.

The Tribunal orders termination of the tenancy

Tenancy Tribunal case 5058588 — 14-day notice at 30A Winsford Street, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5058588 — 14-day notice at 30A Winsford Street, Manurewa, Auckland 2102

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