What was Tenancy Tribunal case 5384761 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Unit 201, 4 Malone Road, Mount

How much money was awarded in case 5384761?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5384761?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5384761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12838460-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5384761 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Unit 201, 4 Malone Road, Mount

How much money was awarded in case 5384761?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5384761?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5384761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12838460-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 201, 4 Malone Road, Mount Wellington, Tenancy Tribunal Case 5384761 — 14-day notice

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy on the following grounds: a. The tenant is in breach of the tenancy agreement by failing to reside at the property, despite a 14 day notice being sent to the tenant. b. The tenant has assaulted another tenant of the landlord’s.

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 tenancy agreement required the tenancy to reside at the property.

On 27 September 2025 there was an altercation between the tenant and another tenant in the same apartment complex. As a result of that interaction, the tenant has been charged with grievous bodily harm and has been remanded in custody since that date.

He has now been bailed to another address.

The tenant does not deny the foregoing events although claims he acted in self defence. He said it was the tenant who had the hammer, not him. He claims he as acting in the best interests of his children.

No evidence corroborating the alleged victims account of events was provided other than a Police report and some video showing the tenant holding what appears to be a hammer (s).

I am not in a position to reach any conclusion as to whether or not there was anti social or violent behaviour by the tenant towards the alleged victim on the day in question. Given the tenant’s strong denial, there must be cogent evidence in order for me to reach any conclusions as to what took place. The matter is now before the Courts.

However, not in dispute is the fact the tenant has not been living at the premises since 27 September.

The tenant was unable to tell me when his next Court date will be precisely.

I accept the submissions of the landlord that it may be some time before the tenant is able to return to the property, which he says he does not want to leave because it is very convenient for himself and his children.

On 28 October 2025, the landlord served a 14 day notice to the tenant, requiring him to return to the property. The tenant has not complied with that notice.

I accept the landlord’s submission that it would be inequitable to refuse termination. The landlord is a social housing provider and his return date is currently a complete unknown. The premises are required for other tenants.

I also take into account the submissions of the landlord that it will support him wit alternative housing support agencies.

I therefore agree that there should be an order for immediate termination of the tenancy.

Order

The tenancy of [The tenant/s] at Unit/Flat Unit 201, 4 Malone Road, Mount Wellington, Auckland 1060 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 12 noon 9 December 2025.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy on the following grounds: a. The tenant is in breach of the tenancy agreement by failing to reside at the property, despite a 14 day notice being sent to the tenant. b. The tenant has assaulted another tenant of the landlord’s.

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 tenancy agreement required the tenancy to reside at the property.
On 27 September 2025 there was an altercation between the tenant and another tenant in the same apartment complex. As a result of that interaction, the tenant has been charged with grievous bodily harm and has been remanded in custody since that date.
He has now been bailed to another address.
The tenant does not deny the foregoing events although claims he acted in self defence. He said it was the tenant who had the hammer, not him. He claims he as acting in the best interests of his children.
No evidence corroborating the alleged victims account of events was provided other than a Police report and some video showing the tenant holding what appears to be a hammer (s).
I am not in a position to reach any conclusion as to whether or not there was anti social or violent behaviour by the tenant towards the alleged victim on the day in question. Given the tenant’s strong denial, there must be cogent evidence in order for me to reach any conclusions as to what took place. The matter is now before the Courts.
However, not in dispute is the fact the tenant has not been living at the premises since 27 September.
The tenant was unable to tell me when his next Court date will be precisely.
I accept the submissions of the landlord that it may be some time before the tenant is able to return to the property, which he says he does not want to leave because it is very convenient for himself and his children.
On 28 October 2025, the landlord served a 14 day notice to the tenant, requiring him to return to the property. The tenant has not complied with that notice.
I accept the landlord’s submission that it would be inequitable to refuse termination. The landlord is a social housing provider and his return date is currently a complete unknown. The premises are required for other tenants.
I also take into account the submissions of the landlord that it will support him wit alternative housing support agencies.
I therefore agree that there should be an order for immediate termination of the tenancy.

Tenancy Tribunal case 5384761 — 14-day notice at Unit/Flat Unit 201, 4 Malone Road, Mount Wellington,

At a glance

Claims & awards

Tenancy Tribunal case 5384761 — 14-day notice at Unit/Flat Unit 201, 4 Malone Road, Mount Wellington,

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

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions