Tenantcheck Insights · Case study
Tenancy Tribunal case 5344721 — 14-day notice at 46 Sunline Avenue, Massey, Auckland 0614
Decided 16 January 2026 · Published 16 January 2026 · Application 5344721
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
K Koller
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenancy of Heremaia Tepaa Manuel at 46 Sunline Avenue, Massey, Auckland 0614 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
Reasons
- The landlord attended the hearing. The tenant was called on the number he provided at the last hearing but he did not answer the call.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, namely that the tenant is no longer residing in the premises.
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 (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.
- The tenant has breached his obligations by not living in the house. This is a breach of the tenancy agreement which states:
- The landlord served a 14-day notice on the tenant in August 2025 and the tenant did not remedy the breach within the required period. I spoke with the tenant in October and he was aware of the application against him. Despite this the latest advice from MSD is that the tenant is not living in the house.
- I find it would be inequitable to refuse to terminate the tenancy because the tenant has been given plenty of chances to move back in or give notice to end the tenancy, and the house can be used for another family.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s56(1)
Key findings
- Dispute theme: termination 14day
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5344721?
The tribunal order states: The tenancy of Heremaia Tepaa Manuel at 46 Sunline Avenue, Massey,
How much money was awarded in case 5344721?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5344721?
The primary dispute was 14-day notice.
Where can I read the official tribunal order for case 5344721?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12978135-Tribunal_Order.pdf.