What was the outcome of Tenancy Tribunal case 5085368?

The tribunal order states: The tenancy of MANAIA SAVAIINAEA at Unit/Flat Flat 3, 83 Shifnal Drive,

How much money was awarded in case 5085368?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5085368?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5085368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11245433-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5085368?

The tribunal order states: The tenancy of MANAIA SAVAIINAEA at Unit/Flat Flat 3, 83 Shifnal Drive,

How much money was awarded in case 5085368?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5085368?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5085368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11245433-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 83 Shifnal Drive, Randwick Park, Auckland Tenancy Tribunal Case 5085368 — 14-day notice

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Reasons

The landlord attended the hearing via teleconference. The tenant was called twice on the number provided but did not reply. The absence of a party does not prevent the matter from being heard and determined.

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 residing at the premises and not notifying the landlord if they were going away for an extended period (see sections 24 and 25 of the tenancy agreement).

The landlord served a 14-day notice on the tenant on 1 October 2024, and the tenant did not remedy the breach within the required period. The landlord carried out an inspection on 31 October 2024 and found the fridge empty, cupboards bare, and clothing and bedding in a pile by the front door. The landlord has spoken with neighbours who confirm they have not seen the tenant for months. The lawns are very overgrown. The landlord contacted the tenant’s sister, and she says she has not seen the tenant for some time and does not know where he is. The landlord has made multiple attempts to contact the tenant without success.

It would be inequitable to refuse to terminate the tenancy because it has been nearly 3 months since the 14-day notice and the premises remain in the same state. I have viewed recent photographs which show correspondence from the landlord and from the tenant’s sister, is still attached to the front door. The tenant has not answered the call to him today and he has failed to engage. Social housing is in short supply therefore this tenancy must be terminated.

Reasons

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.

Tenancy Tribunal case 5085368 — 14-day notice at Unit/Flat Flat 3, 83 Shifnal Drive, Randwick Park, Auckland

At a glance

Tenancy Tribunal case 5085368 — 14-day notice at Unit/Flat Flat 3, 83 Shifnal Drive, Randwick Park, Auckland

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