What was the outcome of Tenancy Tribunal case 4702617?

The tribunal order states: The tenancy of Cheynagh Norton Patricia Herbert at Unit/Flat 3, 314

How much money was awarded in case 4702617?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4702617?

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

Where can I read the official tribunal order for case 4702617?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9576615-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4702617?

The tribunal order states: The tenancy of Cheynagh Norton Patricia Herbert at Unit/Flat 3, 314

How much money was awarded in case 4702617?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4702617?

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

Where can I read the official tribunal order for case 4702617?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9576615-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 314 Blockhouse Bay Road, Avondale, Auckland Tenancy Tribunal Case 4702617 — Rent arrears

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Order

The tenancy of Cheynagh Norton Patricia Herbert at Unit/Flat 3, 314 Blockhouse Bay Road, Avondale, Auckland 0600 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

Cheynagh Norton Patricia Herbert must pay Kāinga Ora–Homes And Communities $1,207.71 immediately, being rent arrears to 27/10/2023.

Reasons

Only the applicant landlord attended the hearing.

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 property as required by the tenancy agreement.

The landlord served a 14-day notice on the tenant on 14/9/2023, requiring her to return to live at the property as she had indicated she wanted to do that. However the tenant did not remedy the breach within the required period. She has had no contact with the applicant since mid-August when she advised that she was working at sea but wanted to return to the property and would do so by the end of the month. When she did not return or contact the applicant the breach letter was issued.

It would be inequitable to refuse to terminate the tenancy because the rent is considerably in arrears (and the amount is increasing), the property is required social housing for a family in need and it now appears most unlikely the tenant wants to or is able to return to live there.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Order

Cheynagh Norton Patricia Herbert must pay Kāinga Ora–Homes And Communities $1,207.71 immediately, being rent arrears to 27/10/2023.

Reasons

Only the applicant landlord attended the hearing.

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.

The tenant has breached their obligations by failing to occupy the property as required by the tenancy agreement.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Tenancy Tribunal case 4702617 — Rent arrears at Unit/Flat 3, 314 Blockhouse Bay Road, Avondale, Auckland

At a glance

Tenancy Tribunal case 4702617 — Rent arrears at Unit/Flat 3, 314 Blockhouse Bay Road, Avondale, Auckland

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions