What was the outcome of Tenancy Tribunal case 4624534?

The tribunal order states: The tenancy of Terrence Tamatea Koro Timu at 37 Dickson Crescent, Hornby,

How much money was awarded in case 4624534?

Ora– Homes And Communities, At 5pm O…: $1,289.29 awarded to landlord

What type of tenancy dispute was case 4624534?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4624534?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9212176-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4624534?

The tribunal order states: The tenancy of Terrence Tamatea Koro Timu at 37 Dickson Crescent, Hornby,

How much money was awarded in case 4624534?

Ora– Homes And Communities, At 5pm O…: $1,289.29 awarded to landlord

What type of tenancy dispute was case 4624534?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4624534?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9212176-Tenancy_Tribunal_Order.pdf.

37 Dickson Crescent, Hornby, Christchurch 8042 Tenancy Tribunal Case 4624534 — Rent arrears

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37 Dickson Crescent, Hornby, Christchurch 8042 Tenancy Tribunal Case 4624534 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4624534. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Ora– Homes And Communities, at 5pm on Monday 24 July 2023. 2. Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Com	$1,289.29		Ora– Homes And Communities, at 5pm on Monday 24 July 2023. 2. Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Com

Claims and awards for application 4624534. Verify on MoJ.

Ora– Homes And Communities, at 5pm on Monday 24 July 2023. 2. Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Com

Amount: $1,289.29
Awarded to: Landlord
Reason: Ora– Homes And Communities, at 5pm on Monday 24 July 2023. 2. Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Com

Order

The tenancy of Terrence Tamatea Koro Timu at 37 Dickson Crescent, Hornby, Christchurch 8042 is terminated, and possession is granted to Kāinga Ora– Homes And Communities, at 5pm on Monday 24 July 2023.
Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Communities $1,289.29 immediately being rent arrears to 24 July 2023.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Reasons

Ms Eder attended the hearing representing the landlord. Mr Timu was telephoned several times however his phone was switched off and Ms Eder advises he is current incarcerated. Mr Timu has been served with the notice of hearing and has not sought to attend, therefore it continued in his absence.
The landlord has applied for termination of the tenancy and rent arrears.
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.
Mr Timu has breached his obligations by failing to live at the property since March 2023.
The landlord served a 14-day notice on the tenant on 23 May requiring him to resume occupation, however Mr Timu did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because this house is a social housing home, and there is high demand for public housing. It therefore would be inappropriate for it to remain vacant on the off chance that Mr Timu will be released from prison in the near future. I note that his next appearance is in September and his applications for electronic monitoring home detention have been declined in the past.
Further, I note that rent was at least 21 days in arrears on the date the application was filed. Accordingly, the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4624534. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Ora– Homes And Communities, at 5pm on Monday 24 July 2023. 2. Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Com	$1,289.29		Ora– Homes And Communities, at 5pm on Monday 24 July 2023. 2. Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Com

Claims and awards for application 4624534. Verify on MoJ.

Ora– Homes And Communities, at 5pm on Monday 24 July 2023. 2. Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Com

Amount: $1,289.29
Awarded to: Landlord
Reason: Ora– Homes And Communities, at 5pm on Monday 24 July 2023. 2. Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Com

Order

The tenancy of Terrence Tamatea Koro Timu at 37 Dickson Crescent, Hornby, Christchurch 8042 is terminated, and possession is granted to Kāinga Ora– Homes And Communities, at 5pm on Monday 24 July 2023.
Terrence Tamatea Koro Timu to pay Kāinga Ora–Homes And Communities $1,289.29 immediately being rent arrears to 24 July 2023.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Reasons

Ms Eder attended the hearing representing the landlord. Mr Timu was telephoned several times however his phone was switched off and Ms Eder advises he is current incarcerated. Mr Timu has been served with the notice of hearing and has not sought to attend, therefore it continued in his absence.
The landlord has applied for termination of the tenancy and rent arrears.
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.
Mr Timu has breached his obligations by failing to live at the property since March 2023.
The landlord served a 14-day notice on the tenant on 23 May requiring him to resume occupation, however Mr Timu did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because this house is a social housing home, and there is high demand for public housing. It therefore would be inappropriate for it to remain vacant on the off chance that Mr Timu will be released from prison in the near future. I note that his next appearance is in September and his applications for electronic monitoring home detention have been declined in the past.
Further, I note that rent was at least 21 days in arrears on the date the application was filed. Accordingly, the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing at the end of the tenancy.

Tenancy Tribunal case 4624534 — Rent arrears at 37 Dickson Crescent, Hornby, Christchurch 8042

At a glance

Tenancy Tribunal case 4624534 — Rent arrears at 37 Dickson Crescent, Hornby, Christchurch 8042

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions