What was the outcome of Tenancy Tribunal case 5134730?

The tribunal order states: Robert Whitimarama Mehana is to comply with clause 14 of the Tenancy

How much money was awarded in case 5134730?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5134730?

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

Where can I read the official tribunal order for case 5134730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11457382-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5134730?

The tribunal order states: Robert Whitimarama Mehana is to comply with clause 14 of the Tenancy

How much money was awarded in case 5134730?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5134730?

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

Where can I read the official tribunal order for case 5134730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11457382-Tenancy_Tribunal_Order.pdf.

115 Kepa Road, Orakei, Auckland 1071 Tenancy Tribunal Case 5134730 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

Both parties attended the hearing which was held by phone.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligation to live at the property and for abandonment.

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.

This tenancy began on 10 June 2021.

The landlord stated in their application that the tenant has breached his obligations by failing to live at the property. Clauses 14 and 15 of the tenancy agreement provide as follows:

The landlord served a 14 day notice on the tenant on 4 December 2024 but the tenant did not remedy the breach and return to the property.

The landlord provided a timeline and evidence showing that the tenant had moved out and other family members had moved in. The tenant’s family members are not named on the tenancy agreement and are not entitled to live there. There has since been a physical altercation at the property and the police have been involved Numerous attempts to contact the tenant have been unsuccessful.

At the hearing today the tenant said that he has been in custody but has now been released. He wishes to return to the tenancy property. He said that he was completely unaware of the landlord’s application until updating documents were sent through to him today. Once he received the landlord’s documents he contacted the landlord to provide a mobile number so that he could appear at the hearing this afternoon.

After some discussion it appears that the real issue is that the tenant has family members living at the property in breach of his tenancy agreement.

I have therefore made an order that the tenant comply with clause 14 of the Tenancy Agreement by ensuring that no other people live at the tenancy address.

The tenant will need to explain to his family that they cannot remain at the tenancy property and that they need to move out.

If the tenant’s family members (or any other people) continue to live at the property, in breach of the Tenancy Agreement, the landlord may apply to the Tribunal for termination of the tenancy. Rent arrears

The landlord provided rent records which prove the amount owing to 19 February 2025, in the amount of $460.00. The tenant will need to start making rent payments again. He may wish to discuss payment of the arrears with his Case Manager. Name suppression

The landlord did not seek name suppression and the tenant is not entitled to an order for name suppression given the outcome.

Reasons

Both parties attended the hearing which was held by phone.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligation to live at the property and for abandonment.

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.

This tenancy began on 10 June 2021.

The landlord stated in their application that the tenant has breached his obligations by failing to live at the property. Clauses 14 and 15 of the tenancy agreement provide as follows:

The landlord served a 14 day notice on the tenant on 4 December 2024 but the tenant did not remedy the breach and return to the property.

After some discussion it appears that the real issue is that the tenant has family members living at the property in breach of his tenancy agreement.

I have therefore made an order that the tenant comply with clause 14 of the Tenancy Agreement by ensuring that no other people live at the tenancy address.

The tenant will need to explain to his family that they cannot remain at the tenancy property and that they need to move out.

The landlord did not seek name suppression and the tenant is not entitled to an order for name suppression given the outcome.

Tenancy Tribunal case 5134730 — Rent arrears at 115 Kepa Road, Orakei, Auckland 1071

At a glance

Tenancy Tribunal case 5134730 — Rent arrears at 115 Kepa Road, Orakei, Auckland 1071

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