How much money was awarded in case 4633911?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4633911?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4633911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9345248-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4633911?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4633911?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4633911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9345248-Tenancy_Tribunal_Order.pdf.

Flat 3, 463 Worcester Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 4633911 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4633911?

The tribunal order states: No application for suppression has been made in this case and no suppression

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Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.

The tenancy of Dean Richard Gerrard at Flat 3, 463 Worcester Street, Linwood, Christchurch 8011 is terminated, and possession is granted to Kāinga Ora– Homes and Communities, at 12pm on Monday 28 August 2023.

Reasons

Both parties attended the hearing by telephone. Ms Maturan-Abuid represented the landlord.

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

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 his obligations under the tenancy agreement by failing to live in the premises at all times. The landlord produced ample evidence that the tenant has not lived at the premises this year and probably hasn’t lived in the premises for up to a year. The tenant denied that but admitted that he hadn’t lived there for six months. He declined to say where he has been living but at one stage suggested that he has been homeless.

The tenant also suggested that it was dangerous living at the premises due to gang activity. It appears that he has no intention of returning to the premises, but he wants the landlord to find somewhere else for him to live.

Whether the landlord has any obligation to rehouse the tenant is a separate issue from whether this tenancy should be terminated. Plainly, if the tenant does not intend living in the premises, it should be made available to someone who is seeking accommodation and is willing to live there.

The landlord served a 14-day notice on the tenant on 28 June 2023, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because the landlord is New Zealand’s largest provider of social housing for which there is a large unmet need. For every one of their properties that is sitting vacant, there is another person or family that is added to that unmet need. It is socially damaging for the landlord’s housing stock not to be available as fully as possible to provide homes for those needing them.

I have therefore made an order terminating the tenancy and giving possession of the premises to the landlord immediately.

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.

Reasons

Both parties attended the hearing by telephone. Ms Maturan-Abuid represented the landlord.

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

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.

The landlord served a 14-day notice on the tenant on 28 June 2023, and the tenant did not remedy the breach within the required period.

I have therefore made an order terminating the tenancy and giving possession of the premises to the landlord immediately.

Tenancy Tribunal case 4633911 — 14-day notice at Flat 3, 463 Worcester Street, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 4633911 — 14-day notice at Flat 3, 463 Worcester Street, Linwood, Christchurch 8011

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