What was the outcome of Tenancy Tribunal case 4767597?

The tribunal order states: The tenancy of Lisa Helen Riley at 58 Briggs Road, Mairehau, Christchurch

How much money was awarded in case 4767597?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4767597?

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

Where can I read the official tribunal order for case 4767597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9914980-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4767597?

The tribunal order states: The tenancy of Lisa Helen Riley at 58 Briggs Road, Mairehau, Christchurch

How much money was awarded in case 4767597?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4767597?

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

Where can I read the official tribunal order for case 4767597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9914980-Tenancy_Tribunal_Order.pdf.

58 Briggs Road, Mairehau, Christchurch 8052 Tenancy Tribunal Case 4767597 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

The tenancy of Lisa Helen Riley at 58 Briggs Road, Mairehau, Christchurch 8052 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 4pm on Friday 2 February 2024.

Lisa Helen Riley must pay Kāinga Ora–Homes and Communities $4,273.85 immediately, being rent arrears to 2 February 2024.

Reasons

Ms Eder attended the hearing by telephone for the landlord. The tenant did not attend.

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 it. 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 her obligations by not living at the premises. It is a term of the tenancy agreement that the tenant will continue to always live at the premises. That is a permissible term because the landlord is a social housing provider and there is more demand for social housing than there is supply. Therefore, the landlord must ensure that its stock of housing is being fully occupied as far as possible.

The tenant has not lived in the premises since early 2023. Apart from a very short time on bail, the tenant has been in custody since then. When she did return to the premises, they were not in a habitable condition (through no fault of the landlord).

The landlord has made considerable effort to facilitate the tenant’s return to the premises, but this has not been possible. The tenant is facing criminal charges and it is not known when she will be released from custody.

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

It would be inequitable to refuse to terminate the tenancy because there is no way of knowing when the tenant will be able to return to the premises, this situation has been going on now for nearly a year, the premises have been unoccupied for that time and there are substantial rent arrears.

I have therefore made an order for immediate termination of the tenancy and for possession to be given to the landlord.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing as ordered.

Order

The tenancy of Lisa Helen Riley at 58 Briggs Road, Mairehau, Christchurch 8052 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 4pm on Friday 2 February 2024.

Lisa Helen Riley must pay Kāinga Ora–Homes and Communities $4,273.85 immediately, being rent arrears to 2 February 2024.

Reasons

Ms Eder attended the hearing by telephone for the landlord. The tenant did not attend.

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 it. See section 56(1) Residential Tenancies Act 1986.

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

I have therefore made an order for immediate termination of the tenancy and for possession to be given to the landlord.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing as ordered.

Tenancy Tribunal case 4767597 — Rent arrears at 58 Briggs Road, Mairehau, Christchurch 8052

At a glance

Tenancy Tribunal case 4767597 — Rent arrears at 58 Briggs Road, Mairehau, Christchurch 8052

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