What was the outcome of Tenancy Tribunal case 5247711?

The tribunal order states: The tenancy of AJABO MOALLIM ADAN at Unit/Flat Unit 4, 49 Waterbank

How much money was awarded in case 5247711?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5247711?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5247711?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11966726-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5247711?

The tribunal order states: The tenancy of AJABO MOALLIM ADAN at Unit/Flat Unit 4, 49 Waterbank

How much money was awarded in case 5247711?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5247711?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5247711?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11966726-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 4, 49 Waterbank Crescent, Waterview, Tenancy Tribunal Case 5247711 — 14-day notice

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Reasons

Only the landlord attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord says the tenant is required to live at the property at all times, in accordance with clause 26 of the tenancy agreement, which provides: Living at the premises 26 You must live at the premises at all times and the premises must be used principally as a home for you and your family.

The landlord submits that the tenant has been living in a remote part of Somalia since April 2024. Shortly after that time, the tenant’s benefit payment ceased but someone else began paying the rent. The landlord understands that an adult son may be living at the property.

The landlord’s position is that if the son is in need, he ought to make his own application for housing. The premises are required for others in need, if the tenant is no longer living there.

A notice to return to the property was issued on 12 February 2025. It has not been complied with.

That notice advised: When you signed your tenancy agreement, you agreed to live at 4/49 Waterbank Crescent, Waterview, Auckland at all times. There is a high demand for public housing support in Aotearoa New Zealand - it is important those provided with public housing are living in that home. We understand you may no longer be living at your home. If you are not living in your home, you are not meeting the conditions of your tenancy agreement. We are therefore giving you 14 days' notice to return to living in your home.

The landlord has been in communication with members of the tenant’s family who had indicated that the tenant would be returning earlier this year, but she has not done so.

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 comply with the breach notice that was issued.

It would be inequitable to refuse to terminate the tenancy because the premises are required for the use of other qualifying parties who need them. The landlord is entitled to return of the premises.

Reasons

Only the landlord attended the hearing.

The landlord’s position is that if the son is in need, he ought to make his own application for housing. The premises are required for others in need, if the tenant is no longer living there.

A notice to return to the property was issued on 12 February 2025. It has not been complied with.

The landlord has been in communication with members of the tenant’s family who had indicated that the tenant would be returning earlier this year, but she has not done so.

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 failing to comply with the breach notice that was issued.

It would be inequitable to refuse to terminate the tenancy because the premises are required for the use of other qualifying parties who need them. The landlord is entitled to return of the premises.

Tenancy Tribunal case 5247711 — 14-day notice at Unit/Flat Unit 4, 49 Waterbank Crescent, Waterview,

At a glance

Tenancy Tribunal case 5247711 — 14-day notice at Unit/Flat Unit 4, 49 Waterbank Crescent, Waterview,

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions