Tenantcheck Insights · Case study
Tenancy Tribunal case 5458991 — 14-day notice at 14 Hannah Road, Otara, Manukau 2023
Decided 14 April 2026 · Published 14 April 2026 · Application 5458991
Mixed / unclear
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Manukau
Tribunal region
Adjudicator
T Harris
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 James Cherrington at 14 Hannah Road, Otara, Manukau 2023 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
Reasons
- The landlord appeared by video. The tenant did not attend. The parties were served with a notice of hearing on 30 March 2026 and text reminders sent to the contact phone numbers on 9 and 13 of April 2026.I find that the tenant had notice of the claim and the hearing continued in their absence.
- 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.
- 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 their obligations by failing to occupy the premises.
- The landlord is a social housing provider, and homes are provided where there is genuine need. The landlord said there is high demand for homes and a long waiting list and non-occupation denies others the opportunity for housing. Because of this the tenancy agreement specifies terms that are unique to social housing providers requiring that, •Clause 14 the tenant must live at the home at all times. •Clause 15 the tenant to let the landlord know if they are going to be away from the premises for more than 30 days.
- These are mandatory requirements that if breached can lead to termination of a tenancy.
- The landlord first noticed the premises were overgrown and unkept on 30 January 2026 A tenancy team knocked and called out and there was no response.
- On 2 February 2026 a 14-day notice under section 56 RTA was issued stating that if the tenant was not living at the premises, he was breaching the conditions of the tenancy agreement. The tenant was given until 19 February 2026 to return or contact the landlord. Notification of a visit on 19 February was also given.
- The landlord revisited the premises on 17 February because the 14 days had expired, no one was there, and no one answered phone calls.
- On 18 February a 24 hours’ notice to inspect was delivered to the premises, with a copy put on the door and a copy in the mailbox.
- On 26 February the tenancy team arrived and with a locksmith and conducted an inspection. Photographs were provided. There were still belongings, furniture and some slightly perished and spoiled food at the premises. The Gardens were overgrown. There was no sign of the tenant, and their emergency contact had said that they did not know where they were.
- On 10 April another visit was conducted, and no one had returned to the premises.
- The landlord said the rent is still being paid by automatic payment from another agency and the utilities were on at the inspection but could not confirm if they were on at the 10 April visit.
- It would be inequitable to refuse to terminate the tenancy because the tenant has breached an essential term of their tenancy agreement. The landlord has established that the tenant has not been occupying the premise since January 2026 and the breach is continuing. Many opportunities have been given and attempts made to contact the tenant since January 2026 ,with no results.
- A notice of the breach was issued, and the breach was not remedied. The premises is required to meet the needs of others on the social housing waiting list and the tenancy is terminated immediately.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s14, s56, 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 5458991?
The tribunal order states: The tenancy of James Cherrington at 14 Hannah Road, Otara, Manukau 2023 is
How much money was awarded in case 5458991?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5458991?
The primary dispute was 14-day notice.
Where can I read the official tribunal order for case 5458991?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13439462-Tenancy_Tribunal_Order.pdf.