What was the outcome of Tenancy Tribunal case 4823079?

The tribunal order states: The tenancy of Opetaia Matagi at Unit/Flat 2, 5 Haig Street, Waterloo, Lower

How much money was awarded in case 4823079?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4823079?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4823079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10253783-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4823079?

The tribunal order states: The tenancy of Opetaia Matagi at Unit/Flat 2, 5 Haig Street, Waterloo, Lower

How much money was awarded in case 4823079?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4823079?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4823079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10253783-Tribunal_Order.pdf.

Unit/Flat 2, 5 Haig Street, Waterloo, Lower Hutt 5011 Tenancy Tribunal Case 4823079 — 14-day notice

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Reasons

to refer to October 2023. All other terms of the order remain the same. Reasons:

Both parties attended the hearing with Ms Smith representing the landlord and Mr Matagi attending by telephone.

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.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

The tenant has breached clauses 26 and 27 of the tenancy agreement which provide that the tenant must live at the premises at all times and the premises must be used as a home for the tenant and his family. The tenant must also let the landlord know if he is going to be away from the premises for more than 30 days.

The tenant confirmed that he has not lived at the premises since early October 2023. It is clear that he is unable to return to the premises in the near future

It would be inequitable to refuse to terminate the tenancy because the premises are not being used by the tenant and as a social housing provider the landlord is obligated to make the premises available for another person in need of housing.

Reasons

to refer to October 2023. All other terms of the order remain the same. Reasons:

Both parties attended the hearing with Ms Smith representing the landlord and Mr Matagi attending by telephone.

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 confirmed that he has not lived at the premises since early October 2023. It is clear that he is unable to return to the premises in the near future

Tenancy Tribunal case 4823079 — 14-day notice at Unit/Flat 2, 5 Haig Street, Waterloo, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4823079 — 14-day notice at Unit/Flat 2, 5 Haig Street, Waterloo, 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