What was the outcome of Tenancy Tribunal case 4714131?

The tribunal order states: The tenancy of Chontel Maree Clearwater at 19 Primrose Street, Northcote,

How much money was awarded in case 4714131?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4714131?

The primary dispute was 14-day notice. Related themes: State of repair.

Where can I read the official tribunal order for case 4714131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9605545-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4714131?

The tribunal order states: The tenancy of Chontel Maree Clearwater at 19 Primrose Street, Northcote,

How much money was awarded in case 4714131?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4714131?

The primary dispute was 14-day notice. Related themes: State of repair.

Where can I read the official tribunal order for case 4714131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9605545-Tenancy_Tribunal_Order.pdf.

19 Primrose Street, Northcote, Christchurch 8052 Tenancy Tribunal Case 4714131 — 14-day notice

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Reasons

Ms Thompson-Wise attended the hearing by teleconference on behalf of the landlord. The tenant did not attend.

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 under section 56(1) of the Residential Tenancies Act 1986 (the Act).

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 reside at the property as require by clause 26 of the Tenancy Agreement.

The landlord provided a timeline outlining its attempts to contact the tenant to arrange for her return to the premises from mid-March 2023. There have been numerous visits to the property, telephone calls and texts to try to communicate with the tenant. The landlord has attempted to contact the tenant at an address outside Christchurch where the tenant was said to reside. A visit to that address in August resulted in contact with the tenant who said she intended to return to the tenancy address. She did not do so.

The landlord served a 14-day notice on the tenant on 22 September 2023 asking that the tenant return to live at the premises as required by her Tenancy Agreement., and the tenant did not remedy the breach within the required period.

The landlord has gone above and beyond what can reasonably be expected of any landlord in its attempts to contact the tenant and arrange for her return to the property.

The landlord provided photographic evidence to show that the property is now in a bad state of repair and requires urgent work to make it secure and to stop it falling further into disrepair.

For the above reasons, it would be inequitable to refuse to terminate the tenancy.

Reasons

Ms Thompson-Wise attended the hearing by teleconference on behalf of the landlord. The tenant did not attend.

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

Should the tenancy be terminated?

The tenant has breached their obligations by failing to reside at the property as require by clause 26 of the Tenancy Agreement.

The landlord has gone above and beyond what can reasonably be expected of any landlord in its attempts to contact the tenant and arrange for her return to the property.

The landlord provided photographic evidence to show that the property is now in a bad state of repair and requires urgent work to make it secure and to stop it falling further into disrepair.

For the above reasons, it would be inequitable to refuse to terminate the tenancy.

Tenancy Tribunal case 4714131 — 14-day notice at 19 Primrose Street, Northcote, Christchurch 8052

At a glance

Tenancy Tribunal case 4714131 — 14-day notice at 19 Primrose Street, Northcote, Christchurch 8052

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions