What was the outcome of Tenancy Tribunal case 4821737?

The tribunal order states: The tenancy of Marion Awhina Thomas at 63A Warspite Avenue, Cannons

How much money was awarded in case 4821737?

Rent Arrears: $2,331.30 awarded to landlord

What type of tenancy dispute was case 4821737?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4821737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10107733-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4821737?

The tribunal order states: The tenancy of Marion Awhina Thomas at 63A Warspite Avenue, Cannons

How much money was awarded in case 4821737?

Rent Arrears: $2,331.30 awarded to landlord

What type of tenancy dispute was case 4821737?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4821737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10107733-Tenancy_Tribunal_Order.pdf.

63A Warspite Avenue, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 4821737 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4821737 — net $2,245.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/3/24	$2,331.30	Rent arrears to 27/3/24
Net award	$2,245.30
Total payable by Tenant to Landlord	$2,245.30

The tenancy of Marion Awhina Thomas at 63A Warspite Avenue, Cannons Creek, Porirua 5024 is terminated, and possession is granted to Kāinga Ora– Homes And Communities, at 11.59pm on Wednesday 27 March 2024.

The Bond Centre is to pay the bond of $86.00 (3541450-012) to Kāinga Ora– Homes And Communities immediately.

Marion Awhina Thomas must pay Kāinga Ora–Homes And Communities $2,245.30 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. Ms Thomas did not attend however her niece who is currently occupying the home did.

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 her obligations by failing to reside in the property and pay rent. She has moved to Australia, refused to sign a notice to end the tenancy, allowed her family members to move in and ceased paying rent.

The landlord served a 14-day notice on the tenant, and she did not remedy the breach within the required period. Further, she is more than 21 days in rent arrears. 1

It would be inequitable to refuse to terminate the tenancy because Ms Thomas clearly does not intend to move back to New Zealand and resume occupation, and she has ceased paying rent. Accordingly, Kāinga Ora are entitled to possession of the property.

As explained at the hearing to Ms Thomas’ niece and her two support workers, the Tenancy Tribunal has jurisdiction over Ms Thomas’ relationship with Kāinga Ora and not her niece’s relationship with them. The Tribunal cannot direct Kāinga Ora to create a tenancy with any specific person nor can it direct them to allow any person who is not their tenant to remain in a home. Whilst it feels unjust to Ms Thomas’ whanau, this is the law, and the Tribunal can make no other order.

Kāinga Ora has allowed Ms Thomas’ niece a further week’s occupation so that she can make her arrangements to seek alternative housing which they have also offered to discuss with her. However, after 27 March, Kāinga Ora are entitled to vacant possession of the home.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The bond is to be paid to Kāinga Ora in part payment of this debt. K Lash 1 See section 55 Residential Tenancies Act 1986 20 March 2024

Order

Claims and awards in Tenancy Tribunal application 4821737 — net $2,245.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/3/24	$2,331.30	Rent arrears to 27/3/24
Net award	$2,245.30
Total payable by Tenant to Landlord	$2,245.30

The Bond Centre is to pay the bond of $86.00 (3541450-012) to Kāinga Ora– Homes And Communities immediately.

Marion Awhina Thomas must pay Kāinga Ora–Homes And Communities $2,245.30 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. Ms Thomas did not attend however her niece who is currently occupying the home did.

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, and she did not remedy the breach within the required period. Further, she is more than 21 days in rent arrears. 1

Tenancy Tribunal case 4821737 — Rent arrears at 63A Warspite Avenue, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 4821737 — Rent arrears at 63A Warspite Avenue, Cannons Creek, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions