What was Tenancy Tribunal case 5322039 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat 3, 5 Sachel Place, Ranui, Auckland 0612

How much money was awarded in case 5322039?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5322039?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5322039?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12428367-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5322039 about?

The tribunal order states: The tenancy of [The tenant/s] tenant/s] at Unit/Flat 3, 5 Sachel Place, Ranui, Auckland 0612

How much money was awarded in case 5322039?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5322039?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5322039?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12428367-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 5 Sachel Place, Ranui, Auckland 0612 Tenancy Tribunal Case 5322039 — 14-day notice

Reasons

Only the landlord, represented by Mr Temu, attended the hearing, which was conducted via teleconference. Three attempts were made to contact the tenant, and on each occasion, the call went to voicemail. As the tenant has been notified, the hearing proceeded.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord seeks termination on the basis that the tenant no longer lives at the premises and is in breach of her tenancy agreement. The tenancy agreement

Clause 26 of the tenancy agreement requires that the tenant must “live at the premises at all times.” It also states that the premises must be used principally as a home for the tenant and their family.

Clause 27 requires that the tenant notify the landlord if they are going to be away from the premises for more than 30 days.

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) of the Residential Tenancies Act 1986 (the RTA).

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.

In this case, I am satisfied that the tenant has breached her obligations under the tenancy agreement and has not remedied the breach within the required period.

The landlord’s evidence is that on 26 May 2025, the landlord was first notified, by another government agency, that the tenant was no longer living at the premises. The landlord visited the property, and an inspection was conducted on 9 June 2025. The inspection report was provided. Neighbours had reported not seeing the tenant since December 2024.

The landlord issued a 14-day notice on 4 July 2025, reminding the tenant of her obligation to live at the property, and requesting that she return by 23 July 2025, or provide 21 days’ written notice to end the tenancy. This was effectively a 14- day notice under section 56(1), which was not remedied within the required period.

At the end of the notice period, there was no further contact from the tenant. The landlord conducted a further visit on 17 September 2025, and found that no-one was living at the premises. Photographs taken on the day of this inspection were produced.

In the circumstances, I find that it would be inequitable to refuse to terminate the tenancy. Kāinga Ora–Homes and Communities provides social housing on the basis of housing need, and it is fair and reasonable that tenants are required to live in the home, due to the demand for housing. Where there is evidence that the tenant is no longer residing in the premises, and is therefore in breach if their tenancy agreement, there are sufficient grounds for termination of the tenancy. Accordingly, this tenancy is terminated. Filing fee

While successful with its application, the landlord does not seek the filing fee.

Order

The tenancy of [The tenant/s] tenant/s] at Unit/Flat 3, 5 Sachel Place, Ranui, Auckland 0612 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11.59pm on Thursday 18 September 2025.

Reasons

Only the landlord, represented by Mr Temu, attended the hearing, which was conducted via teleconference. Three attempts were made to contact the tenant, and on each occasion, the call went to voicemail. As the tenant has been notified, the hearing proceeded.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord seeks termination on the basis that the tenant no longer lives at the premises and is in breach of her tenancy agreement. The tenancy agreement
Clause 26 of the tenancy agreement requires that the tenant must “live at the premises at all times.” It also states that the premises must be used principally as a home for the tenant and their family.
Clause 27 requires that the tenant notify the landlord if they are going to be away from the premises for more than 30 days.

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) of the Residential Tenancies Act 1986 (the RTA).
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.
In this case, I am satisfied that the tenant has breached her obligations under the tenancy agreement and has not remedied the breach within the required period.
The landlord’s evidence is that on 26 May 2025, the landlord was first notified, by another government agency, that the tenant was no longer living at the premises. The landlord visited the property, and an inspection was conducted on 9 June 2025. The inspection report was provided. Neighbours had reported not seeing the tenant since December 2024.
The landlord issued a 14-day notice on 4 July 2025, reminding the tenant of her obligation to live at the property, and requesting that she return by 23 July 2025, or provide 21 days’ written notice to end the tenancy. This was effectively a 14- day notice under section 56(1), which was not remedied within the required period.
At the end of the notice period, there was no further contact from the tenant. The landlord conducted a further visit on 17 September 2025, and found that no-one was living at the premises. Photographs taken on the day of this inspection were produced.
In the circumstances, I find that it would be inequitable to refuse to terminate the tenancy. Kāinga Ora–Homes and Communities provides social housing on the basis of housing need, and it is fair and reasonable that tenants are required to live in the home, due to the demand for housing. Where there is evidence that the tenant is no longer residing in the premises, and is therefore in breach if their tenancy agreement, there are sufficient grounds for termination of the tenancy. Accordingly, this tenancy is terminated. Filing fee
While successful with its application, the landlord does not seek the filing fee.

Tenancy Tribunal case 5322039 — 14-day notice at Unit/Flat 3, 5 Sachel Place, Ranui, Auckland 0612

At a glance

Claims & awards

Tenancy Tribunal case 5322039 — 14-day notice at Unit/Flat 3, 5 Sachel Place, Ranui, Auckland 0612

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

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.