How much money was awarded in case 5217974?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5217974?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5217974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11698290-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5217974?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5217974?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5217974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11698290-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5217974 — Cleanliness

Q: What was Tenancy Tribunal case 5217974 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated on 25 March 2025, and possession is granted to Kāinga Ora–Homes And Communities immediately.

Any rent credit from 26 March 2025 is to be held by the landlord pending an order from the Tenancy Tribunal for any vacated expenses. If no such claim is made, or there is surplus money after vacated expenses are deducted from the rent credit, rent credit or surplus is to be paid to the Public Trust following its appointment as the tenant’s financial manager.

All belongings remaining in the tenancy premises are to be stored by the landlord until the appointment in favour of the Public Trust is made so the Public Trust can direct what is to happen to the goods.

Reasons

The landlord attended the hearing which was held by telephone. The tenant did not attend.

The landlord has provided evidence which confirms the tenant has dementia and has been living in a secure dementia unit since 25 March 2025. Prior to that the tenant was in hospital for a long period.

The landlord attempted to end the tenancy earlier in 2025 by the tenant signing End of Tenancy forms. However the landlord was advised by the tenant’s social workers and hospital staff that the tenant did not have sufficient capacity to sign those forms.

The landlord understands proceedings have commenced in the District Court for a personal order in favour of the Public Trust so that they manage the tenant’s affairs. This is likely to take some months. Meanwhile the tenant is continuing to pay rent.

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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

The tenant has breached the terms of the tenancy agreement by not living at the premises.

I am satisfied from the evidence that the tenant will not return to the liver at the premises, but will remain residing in the dementia unit. It would be inequitable to refuse to terminate the tenancy.

The landlord has asked that the termination date be set at 25 March 2025, which is the date the tenant entered the dementia unit. I find this a reasonable and sensible outcome and terminate the tenancy on that date accordingly.

The landlord advises the tenant has continued to pay rent since 25 March 2025. Any rent credit from 26 March 2025 is to be held by the landlord pending an order from the Tenancy Tribunal for any vacated expenses, (ie such as cleaning). In the event that the landlord does not claim any vacated expenses, or that an order from the Tribunal for vacated expenses is for less than the rent credit, the surplus rent credit should be paid to the Public Trust in its capacity as her financial manager. That may mean the landlord holds the money until such time as the Court make the appropriate appointments in favour of the Public Trust.

Likewise the landlord should store all belongings remaining in the tenancy premises until the appointment in favour of the Public Trust is made so they can direct what is to happen to the goods.

The landlord waives its right to reimbursement of the filing fee.

The name of the tenant and the address of the tenancy are suppressed as there is no public interest in this matter.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated on 25 March 2025, and possession is granted to Kāinga Ora–Homes And Communities immediately.
Any rent credit from 26 March 2025 is to be held by the landlord pending an order from the Tenancy Tribunal for any vacated expenses. If no such claim is made, or there is surplus money after vacated expenses are deducted from the rent credit, rent credit or surplus is to be paid to the Public Trust following its appointment as the tenant’s financial manager.
All belongings remaining in the tenancy premises are to be stored by the landlord until the appointment in favour of the Public Trust is made so the Public Trust can direct what is to happen to the goods.

Reasons

The landlord attended the hearing which was held by telephone. The tenant did not attend.
The landlord has provided evidence which confirms the tenant has dementia and has been living in a secure dementia unit since 25 March 2025. Prior to that the tenant was in hospital for a long period.
The landlord attempted to end the tenancy earlier in 2025 by the tenant signing End of Tenancy forms. However the landlord was advised by the tenant’s social workers and hospital staff that the tenant did not have sufficient capacity to sign those forms.
The landlord understands proceedings have commenced in the District Court for a personal order in favour of the Public Trust so that they manage the tenant’s affairs. This is likely to take some months. Meanwhile the tenant is continuing to pay rent.
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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
The tenant has breached the terms of the tenancy agreement by not living at the premises.
I am satisfied from the evidence that the tenant will not return to the liver at the premises, but will remain residing in the dementia unit. It would be inequitable to refuse to terminate the tenancy.
The landlord has asked that the termination date be set at 25 March 2025, which is the date the tenant entered the dementia unit. I find this a reasonable and sensible outcome and terminate the tenancy on that date accordingly.
The landlord advises the tenant has continued to pay rent since 25 March 2025. Any rent credit from 26 March 2025 is to be held by the landlord pending an order from the Tenancy Tribunal for any vacated expenses, (ie such as cleaning). In the event that the landlord does not claim any vacated expenses, or that an order from the Tribunal for vacated expenses is for less than the rent credit, the surplus rent credit should be paid to the Public Trust in its capacity as her financial manager. That may mean the landlord holds the money until such time as the Court make the appropriate appointments in favour of the Public Trust.
Likewise the landlord should store all belongings remaining in the tenancy premises until the appointment in favour of the Public Trust is made so they can direct what is to happen to the goods.
The landlord waives its right to reimbursement of the filing fee.
The name of the tenant and the address of the tenancy are suppressed as there is no public interest in this matter.

Tenancy Tribunal case 5217974 — Cleanliness

At a glance

Tenancy Tribunal case 5217974 — Cleanliness

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions