What was Tenancy Tribunal case 5393823 about?

The tribunal order states: Kāinga Ora–Homes and Communities is granted possession of the premises at

How much money was awarded in case 5393823?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5393823?

The dispute type was not classified.

Where can I read the official tribunal order for case 5393823?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12832215-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5393823 about?

The tribunal order states: Kāinga Ora–Homes and Communities is granted possession of the premises at

How much money was awarded in case 5393823?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5393823?

The dispute type was not classified.

Where can I read the official tribunal order for case 5393823?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12832215-Tenancy_Tribunal_Order.pdf.

6 Gypsy Moth Place, Rosehill, Papakura 2113 Tenancy Tribunal Case 5393823 — Tenancy dispute

Tenantcheck Insights

Reasons

Ms Thompson – Wise appeared for the landlord by video conference. The tenant did not join the conference. An unsuccessful call was made to the phone number provided for the tenant. The hearing has proceeded in the tenant’s absence.

The tenancy commenced on 21 September 2020. On 12 October 2025, there was a fire at the property resulting in extensive damage to the roof void. The landlord was advised of the fire by the Fire Service.

On 13 October 2025, the landlord visited the property, but the tenant was not present. The landlord believed that the tenant may not have been living at the property and attempted to contact the tenant by phone and email. The landlord visited the property again on 14 October 2025 and 16 October 2025. On the latter date, they issued a notice advising of their intention to enter the property.

On 20 October 2025, the landlord entered the property and conducted an inspection. The inspection report, which includes photographs, has been produced. On 3 November 2025, the landlord deemed the property uninhabitable. On 4 November 2025, the landlord served a notice to terminate the tenancy. The landlord attempted to contact the tenant again on 5 November 2025 and 13 November 2025. On 20 November 2025, the landlord applied for possession of the premises following the termination of the tenancy. Law

Under section 59 of the Residential Tenancies Act 1986 (Act), if a rental property becomes uninhabitable (for example, due to fire or serious damage), either the landlord or the tenant may serve notice to terminate the tenancy. The period required for notice by the landlord is a minimum of seven days. Where the tenant gives notice the minimum period is not less than two days.

Section 40(1)(e) of the Act states that on the termination of the tenancy the tenant must quit the property.

Section 64(1) of the Act provides that if a tenancy has ended and the tenant has not returned possession of the property to the landlord as required, the landlord may apply to the Tribunal for an order granting possession of the premises. Analysis and decision

There has been discussion as to whether an order for possession is in fact required, as it is unclear if this is a situation where the tenant has necessarily refused to vacate the property.

In this case, I am satisfied that the tenancy has ended following service of the notice issued under section 59 of the Act. The property has become uninhabitable. The tenant has not returned possession or communicated their intentions. In these circumstances, I am satisfied that the requirements of section 64 are met, and that it is appropriate to make an order for possession.

Reasons

Section 40(1)(e) of the Act states that on the termination of the tenancy the tenant must quit the property.

There has been discussion as to whether an order for possession is in fact required, as it is unclear if this is a situation where the tenant has necessarily refused to vacate the property.

Tenancy Tribunal case 5393823 — Tenancy dispute at 6 Gypsy Moth Place, Rosehill, Papakura 2113

At a glance

Claims & awards

Tenancy Tribunal case 5393823 — Tenancy dispute at 6 Gypsy Moth Place, Rosehill, Papakura 2113

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions