What was Tenancy Tribunal case 5181292 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit 201, 4 Malone Road,

How much money was awarded in case 5181292?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5181292?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5181292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11576201-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5181292 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit 201, 4 Malone Road,

How much money was awarded in case 5181292?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5181292?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5181292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11576201-Tenancy_Tribunal_Order.pdf.

Unit 201, 4 Malone Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 5181292 — 14-day notice

Tenantcheck Insights

Reasons

The hearing was conducted by telephone. Both parties attended.

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

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) pf the 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.

It is a term of the tenancy agreement that the tenant must live at the premises. The landlord served a 14-day notice on the tenant on 22 January 2025 stating that the tenant had breached that term by not living at the premises and required her to reoccupy the premises within 14 days to remedy the breach. The tenant has not reoccupied the premises although she said in evidence that she intended to do so.

The tenancy began in February 2024. The tenant occupied the premises with her two young children. She spent some time in prison during the tenancy. When she was released, her ex-partner was given the custody of the children. He has now occupied the premises with the children.

The landlord was informed on 16 January 2025 that the tenant was not living at the premises. Rent continued to be paid and there are no arrears.

The landlord has tried to engage with the tenant’s ex-partner regarding an application for a transfer of the tenancy to him, but he has not taken any steps to make the application.

I do not accept that the tenant intends occupying the premises. If that was a real possibility, I think that she would have done so by now.

It would be inequitable to refuse to terminate the tenancy because the tenant has not been occupying the premises for a considerable time and there has been no attempt to legitimise the current situation. The landlord is a social housing provider, and it must allocate its limited housing stock based on need. It is not fair to others seeking accommodation from the landlord that people are occupying its houses without going through the process of being assessed as to their need for housing.

I have therefore made an order terminating the tenancy. I have given possession of the premises to the landlord in 14 days. That will give the tenant’s ex-partner time to make an application for the tenancy to be transferred and for the application to be processed.

Reasons

The hearing was conducted by telephone. Both parties attended.

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

The landlord was informed on 16 January 2025 that the tenant was not living at the premises. Rent continued to be paid and there are no arrears.

The landlord has tried to engage with the tenant’s ex-partner regarding an application for a transfer of the tenancy to him, but he has not taken any steps to make the application.

I do not accept that the tenant intends occupying the premises. If that was a real possibility, I think that she would have done so by now.

Tenancy Tribunal case 5181292 — 14-day notice at Unit 201, 4 Malone Road, Mount Wellington, Auckland 1060

At a glance

Claims & awards

Tenancy Tribunal case 5181292 — 14-day notice at Unit 201, 4 Malone Road, Mount Wellington, Auckland 1060

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions