Published tribunal order
Tenancy Tribunal case 5139448 — 14-day notice at 23 Balmain Street, Halfway Bush, Dunedin 9010
Decided 20 Mar 2025 · Published 20 Mar 2025 · Application 5139448
Mixed / unclear
- 14-day notice
Order
- The tenancy of Keegan James Kane Wilson-Wright at 23 Balmain Street, Halfway Bush, Dunedin 9010 is terminated, and possession is granted to Kāinga Ora– Homes And Communities, at 12 pm today 20 March 2025.
- The Bond Centre is to release and pay the bond (3173392-009) of $176 to Kāinga Ora–Homes And Communities.
- Keegan James Kane Wilson-Wright is to pay Kāinga Ora–Homes And Communities $21.22 being the balance of rent owing as at today.
Reasons
- Only the landlord attended the hearing. The telephone number of the tenant was answered, however the Tribunal was told that the tenant was not available. Confirmation was provided that it was the tenant’s number that had been called.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations to occupy the premises.
- Clause 26 and 27 of the tenancy agreement provide that tenants must live at the premises. The landlord is a social housing organisation and homes are required for use by other parties. The tenancy agreement provides: Living at the premises 26You must live at the premises at all times and the premises must be used principally as a home for you and your family. 27You need to let us know in writing if you are going to be away from the premises for more than 30 days (for example, if you are on holiday or sick).
- On 18 November 2024, The tenant contacted Senior Housing Support Manager (SHSM) to advise he was living at his mother’s house in Christchurch and that his daughter was living in Middlemarch. Mr Wilson-Wright had been bailed to Christchurch due to an incident in Dunedin in October 2024 involving his ex- partner.
- Mr Wilson-Wright requested for Kāinga Ora to provide a breach letter to return to the property. He was hoping this would assist his case, showing that his tenancy was at risk if he was not living at his Kāinga Ora home and was hoping to get home detention. A breach letter was issued to Mr Wilson-Wright on the 18/11/2024 by email and post.
- On 10 December 2024, the property visited to see if Mr Wilson-Wright had returned home. He was not there; however, his father was present. Mr Wilson- Wright’s father indicated that he was looking after the property in his son’s absence and that his son was not permitted to be in Dunedin, but this could change after his next court hearing. A photo of the property exterior was taken showing an overgrown lawn and cars on-site.
- On 17 December 2024, Mr Wilson-Wright texted the landlord to say that he was applying for private rentals in Christchurch and was also seeking to go on the MSD waitlist for social housing. The landlord informed Mr Wilson-Wright that given he had not come home and was unable to that we would be applying to the Tribunal to terminate his tenancy.
- On 19 December 2024, Mr Wilson-Wright replied that he was trying to get help moving out his belongings and clean 23 Balmain St and was focused on finding a home in Christchurch for him and his daughter.
- On 10 January 2025, the landlord sent an email to Mr Wilson-Wright advising it would be proceeding to the Tenancy Tribunal for possession and termination
- On 11 January 2025, an email was received from Mr Wilson-Wright advising he would wait for the court date of 21/5/25 when he is sentenced for home detention. Mr Wilson-Wright indicated he has tried to change his bail address to 23 Balmain St, however, as part of his bail conditions he must be a certain distance from his ex-partner. With 23 Balmain St being 3.7km from his ex- partner, police are concerned for her safety.
- Kāinga Ora is seeking an order of the Tribunal to end the tenancy at the property. It needs the premises for other tenants and Mr Wilson-Wright is not living there.
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 failing to return to live at the premises. A breach notice was served in relation to this breach and I find that it has not been remedied. The tenant was aware of this haring date and has chosen not to appear.
- I find that it would be inequitable to refuse to terminate the tenancy because of the need for these premises by other deserving parties.
- The tenancy is therefore terminated, as ordered above. suppression
- The landlord has sought an order for suppression of the tenant’s name. It submits that “the privacy of our tenant outweighs the public interest in this matter.”
- Section 95A of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of any party that has wholly or substantially succeeded make an order that the decision not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the parties’ conduct or any other circumstances of the case.
- Section 95A(4) of the Residential Tenancies Act 1986 provides that the Tribunal may, on the application of any party to proceedings, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name of any party not be published.
- The tenant has not made any application for suppression of her name but the terms of Section 95A(4) allow an application to be made by another party to the proceeding.
- The landlord has provided no objective or corroborative evidence supporting the assertion of likely prejudice to the tenant, or developed any submission as to why it is in the public interest for there to be an order for suppression of the tenant’s name.
- Name suppression of the tenant is therefore declined.