How much money was awarded in case 5227032?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5227032?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5227032?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11795027-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5227032?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5227032?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5227032?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11795027-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5227032 — Rent arrears

Q: What was Tenancy Tribunal case 5227032 about?

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

Tenantcheck Insights

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, and possession is granted to Kāinga Ora–Homes And Communities, at 9.45am 5 May 2025.

Reasons

The landlord attended the hearing which was conducted by phone. No phone call was made to the tenant because she has been admitted to a dementia unit at an aged care facility as outlined below.

The landlord has applied for termination under section 56 of the Residential Tenancies Act 1986 because the tenant is no longer living in the premises and will not be returning because of her health.

The landlord provided a copy of a file note of 22 January 2025 recording that a member of staff from Older Persons Mental Health at a Christchurch Hospital had advised Kainga Ora that the tenant had been in hospital since 10 December 2024, was now to be placed in permanent rest home care and that she has severe dementia.

The landlord provided a copy of order dated 7 January from the Family Court directing under section 7 of the Protection of Personal and Property Rights Act 1988 (PPPR Act) that the tenant reside at a named dementia facility.

The application has been sent to the tenant’s current residence. Service has been effected under section 91 of the Residential Tenancies Act 1986.

It is understood that the tenant is not capable of understanding the application and it is reasonable that service be dispensed with in any event.

The landlord advised that no welfare guardian or property manager has yet been appointed under the PPPR Act and no appointment is expected for a few months

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 their obligations by not paying rent and not living at the premises.

The breach is not capable of remedy because the tenant suffers from dementia and has been ordered to live at a dementia unit.

It would be inequitable to refuse to terminate the tenancy because the landlord has a vacant property and is receiving no rent. The landlord does not seek rent arrears.

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee. They may decide whether or not to enforce this order.

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, and possession is granted to Kāinga Ora–Homes And Communities, at 9.45am 5 May 2025.

Reasons

The landlord attended the hearing which was conducted by phone. No phone call was made to the tenant because she has been admitted to a dementia unit at an aged care facility as outlined below.

The landlord has applied for termination under section 56 of the Residential Tenancies Act 1986 because the tenant is no longer living in the premises and will not be returning because of her health.

The application has been sent to the tenant’s current residence. Service has been effected under section 91 of the Residential Tenancies Act 1986.

It is understood that the tenant is not capable of understanding the application and it is reasonable that service be dispensed with in any event.

The landlord advised that no welfare guardian or property manager has yet been appointed under the PPPR Act and no appointment is expected for a few months

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.

The tenant has breached their obligations by not paying rent and not living at the premises.

The breach is not capable of remedy because the tenant suffers from dementia and has been ordered to live at a dementia unit.

It would be inequitable to refuse to terminate the tenancy because the landlord has a vacant property and is receiving no rent. The landlord does not seek rent arrears.

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee. They may decide whether or not to enforce this order.

Tenancy Tribunal case 5227032 — Rent arrears

At a glance

Tenancy Tribunal case 5227032 — Rent arrears

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