What was the outcome of Tenancy Tribunal case 4820237?

The tribunal order states: The tenancy of George Manyang Ater at 177 Cambridge Terrace, Fairfield,

How much money was awarded in case 4820237?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4820237?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4820237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10146803-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4820237?

The tribunal order states: The tenancy of George Manyang Ater at 177 Cambridge Terrace, Fairfield,

How much money was awarded in case 4820237?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4820237?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4820237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10146803-Tenancy_Tribunal_Order.pdf.

177 Cambridge Terrace, Fairfield, Lower Hutt 5011 Tenancy Tribunal Case 4820237 — 14-day notice

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Reasons

The landlord attended the hearing represented by Ms Smith. There was no attendance by the tenant.

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 his obligations because he is no longer residing at the premises which is a breach of clauses 14 and 15 of the tenancy agreement. These clauses provide that the tenant must live at the home at all times and the home may only be used by the tenant and his family who were part of the application to the landlord for housing. If the tenant is going to be away for more then 30 days, he must let the landlord know.

The landlord served 14-day notices on the tenant on 29 November 2023 and 30 January 2024 requiring him to return to the premises or advise the landlord if he was still living at the premises. The tenant did not respond to the notices and remedy the breach within the required period.

The landlord also visited the premises and was advised by an occupant who has been living at the premises and paying rent that the tenant has left New Zealand and does not intend to return. The landlord has received independent confirmation that the tenant left the country several months ago.

It would be inequitable to refuse to terminate the tenancy because the tenants is in breach of his obligation to reside at the property and possession of the property must be returned to the landlord so that the house is available for someone who is eligible for and in need of Public housing.

Reasons

The landlord attended the hearing represented by Ms Smith. There was no attendance by the tenant.

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.

Tenancy Tribunal case 4820237 — 14-day notice at 177 Cambridge Terrace, Fairfield, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4820237 — 14-day notice at 177 Cambridge Terrace, Fairfield, Lower Hutt 5011

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