What was Tenancy Tribunal case 5348362 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 2, 15

How much money was awarded in case 5348362?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5348362?

The dispute type was not classified.

Where can I read the official tribunal order for case 5348362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12504005-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5348362 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat 2, 15

How much money was awarded in case 5348362?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5348362?

The dispute type was not classified.

Where can I read the official tribunal order for case 5348362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12504005-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 15 Roxburgh Street, Sydenham, Christchurch Tenancy Tribunal Case 5348362 — Tenancy dispute

Tenantcheck Insights

Reasons

The landlord attended the hearing via videoconference. The tenant did not.

The tenant’s phone number was tried but did not connect.

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 (“RTA”).

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.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The tenant has breached their obligations by assaulting a neighbour. Under section 40 RTA, tenants must not cause any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants or neighbours in the use of the premises occupied by the neighbours.

The neighbour who was assaulted gave evidence and a photo also was provided to confirm that an assault had taken place. The landlord also provided the relevant Police case number as well.

The breach is not capable of remedy because the assault has already taken place and the neighbour has on-going safety concerns with the tenant’s continued stay.

It would be inequitable to refuse to terminate the tenancy. The neighbours have a right to enjoy their premises without safety concerns.

Accordingly, the landlord’s application for termination is granted.

The tenancy of [The tenant/s] at Unit/Flat 2, 15 Roxburgh Street, Sydenham, Christchurch 8023 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 5:00 pm on Friday 10 October 2025.

Reasons

The landlord attended the hearing via videoconference. The tenant did not.

The tenant’s phone number was tried but did not connect.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

The neighbour who was assaulted gave evidence and a photo also was provided to confirm that an assault had taken place. The landlord also provided the relevant Police case number as well.

The breach is not capable of remedy because the assault has already taken place and the neighbour has on-going safety concerns with the tenant’s continued stay.

It would be inequitable to refuse to terminate the tenancy. The neighbours have a right to enjoy their premises without safety concerns.

Accordingly, the landlord’s application for termination is granted.

Tenancy Tribunal case 5348362 — Tenancy dispute at Unit/Flat 2, 15 Roxburgh Street, Sydenham, Christchurch

At a glance

Claims & awards

Tenancy Tribunal case 5348362 — Tenancy dispute at Unit/Flat 2, 15 Roxburgh Street, Sydenham, Christchurch

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions