What was the outcome of Tenancy Tribunal case 5205351?

The tribunal order states: The tenancy of Krystal Jeannie Mari Daly at 11 Waitaha Way, Houghton Bay,

How much money was awarded in case 5205351?

Rent Arrears: $6,135.50 awarded to landlord

What type of tenancy dispute was case 5205351?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5205351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11664941-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5205351?

The tribunal order states: The tenancy of Krystal Jeannie Mari Daly at 11 Waitaha Way, Houghton Bay,

How much money was awarded in case 5205351?

Rent Arrears: $6,135.50 awarded to landlord

What type of tenancy dispute was case 5205351?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5205351?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11664941-Tenancy_Tribunal_Order.pdf.

11 Waitaha Way, Houghton Bay, Wellington 6023 Tenancy Tribunal Case 5205351 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5205351 — net $5,897.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 April 2025	$6,135.50	Rent arrears to 1 April 2025
Net award	$5,897.50
Total payable by Tenant to Landlord	$5,897.50

The tenancy of Krystal Jeannie Mari Daly at 11 Waitaha Way, Houghton Bay, Wellington 6023 is terminated, and possession is granted to Kāinga Ora– Homes And Communities, at 11.59 pm, Tuesday, 1 April 2025.

The Bond Centre is to pay the bond of $238.00 (3116663-004) to Kāinga Ora– Homes And Communities immediately.

Krystal Jeannie Mari Daly must pay Kāinga Ora–Homes And Communities $5,897.50 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 1 April 2025$6,135.50 Total award$6,135.50 Bond$238.00 Total payable by Tenant to Landlord$5,897.50

Reasons

The hearing was held on 2 April 2025 via teleconference.

Ms Eder attended the hearing on behalf of the landlord, Kāinga Ora. Introduction

This matter concerns an application by Kāinga Ora seeking termination of the tenancy with Miss Krystal Daly on the grounds of abandonment of the property at 11 Waitaha Way, Houghton Bay. The landlord also alleges breaches of the tenancy agreement, particularly the failure to occupy the premises as required.

Miss Daly did not attend the hearing despite my attempt to contact her via the phone number provided in the application. A voicemail was left advising her of the proceeding, but no response was received. The hearing proceeded in her absence.

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

Should the tenancy be terminated on the grounds of abandonment?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.

Ms. Eder submitted evidence below: a. No contact with the tenant since November 2024 despite multiple attempts (calls, texts, and physical visits). b. Neighbour statements confirming the tenant’s absence. c. Property inspections on 10 December 2024 revealed disconnection of power, accumulated rubbish, and no signs of occupancy. d. Another inspection on 30 December 2024 revealed that the door was “open” with no sign of anyone in the house. One of the staff members from Kāinga Ora had to close the door for security reasons.

The above factors suggest that the tenant has abandoned the premises.

However, Ms. Eder drew my attention to the rent summary showing the tenant was still making rent payments, even though rent was in arrears. In other words, the tenant continued directing her benefit for rent payment to the landlord.

On the balance of probabilities, I am not satisfied that the tenant abandoned the property because there is evidence rent is being paid.

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 property.

The landlord served a 14-day notice on the tenant on 11 December 2024, and the tenant did not remedy the breach within the required period.

Follow-up inspections (30 December 2024, 24 January 2025, 18 February 2025 and 13 March 2025) confirmed continued non-occupation.

Balancing the tenant’s lack of engagement with the landlord’s obligation to allocate social housing fairly, it would be inequitable to refuse to terminate the tenancy.

Accordingly, the tenancy is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 pm, Tuesday, 1 April 2025.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered has proved. Filing fee

Ms. Eder stated that she is not seeking reimbursement for the filing fee. Therefore, no order regarding the filing fee is issued.

Claims and awards in Tenancy Tribunal application 5205351 — net $5,897.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 April 2025	$6,135.50	Rent arrears to 1 April 2025
Net award	$5,897.50
Total payable by Tenant to Landlord	$5,897.50

Order

The tenancy of Krystal Jeannie Mari Daly at 11 Waitaha Way, Houghton Bay, Wellington 6023 is terminated, and possession is granted to Kāinga Ora– Homes And Communities, at 11.59 pm, Tuesday, 1 April 2025.
The Bond Centre is to pay the bond of $238.00 (3116663-004) to Kāinga Ora– Homes And Communities immediately.
Krystal Jeannie Mari Daly must pay Kāinga Ora–Homes And Communities $5,897.50 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 1 April 2025$6,135.50 Total award$6,135.50 Bond$238.00 Total payable by Tenant to Landlord$5,897.50

Reasons

The hearing was held on 2 April 2025 via teleconference.
Ms Eder attended the hearing on behalf of the landlord, Kāinga Ora. Introduction
This matter concerns an application by Kāinga Ora seeking termination of the tenancy with Miss Krystal Daly on the grounds of abandonment of the property at 11 Waitaha Way, Houghton Bay. The landlord also alleges breaches of the tenancy agreement, particularly the failure to occupy the premises as required.
Miss Daly did not attend the hearing despite my attempt to contact her via the phone number provided in the application. A voicemail was left advising her of the proceeding, but no response was received. The hearing proceeded in her absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated on the grounds of abandonment?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
Ms. Eder submitted evidence below: a. No contact with the tenant since November 2024 despite multiple attempts (calls, texts, and physical visits). b. Neighbour statements confirming the tenant’s absence. c. Property inspections on 10 December 2024 revealed disconnection of power, accumulated rubbish, and no signs of occupancy. d. Another inspection on 30 December 2024 revealed that the door was “open” with no sign of anyone in the house. One of the staff members from Kāinga Ora had to close the door for security reasons.
The above factors suggest that the tenant has abandoned the premises.
However, Ms. Eder drew my attention to the rent summary showing the tenant was still making rent payments, even though rent was in arrears. In other words, the tenant continued directing her benefit for rent payment to the landlord.
On the balance of probabilities, I am not satisfied that the tenant abandoned the property because there is evidence rent is being paid.

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 property.
The landlord served a 14-day notice on the tenant on 11 December 2024, and the tenant did not remedy the breach within the required period.
Follow-up inspections (30 December 2024, 24 January 2025, 18 February 2025 and 13 March 2025) confirmed continued non-occupation.
Balancing the tenant’s lack of engagement with the landlord’s obligation to allocate social housing fairly, it would be inequitable to refuse to terminate the tenancy.
Accordingly, the tenancy is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11.59 pm, Tuesday, 1 April 2025.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered has proved. Filing fee
Ms. Eder stated that she is not seeking reimbursement for the filing fee. Therefore, no order regarding the filing fee is issued.

Tenancy Tribunal case 5205351 — Rent arrears at 11 Waitaha Way, Houghton Bay, Wellington 6023

At a glance

Tenancy Tribunal case 5205351 — Rent arrears at 11 Waitaha Way, Houghton Bay, Wellington 6023

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated on the grounds of abandonment?

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated on the grounds of abandonment?

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions