What was the outcome of Tenancy Tribunal case 4832897?

The tribunal order states: The tenancy of Faranisese Vavaitamana at 11C Bamboo Grove, Kelston,

How much money was awarded in case 4832897?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4832897?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4832897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10717860-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4832897?

The tribunal order states: The tenancy of Faranisese Vavaitamana at 11C Bamboo Grove, Kelston,

How much money was awarded in case 4832897?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4832897?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4832897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10717860-Tribunal_Order.pdf.

11C Bamboo Grove, Kelston, Auckland 0602 Tenancy Tribunal Case 4832897 — 14-day notice

Order

The tenancy of Faranisese Vavaitamana at 11C Bamboo Grove, Kelston, Auckland 0602 is terminated, and possession is granted to Mog Limited T/A Angel Property Managers Acting Agent For Farrukh Saleem, at 11.59 pm on Sunday 25 August 2024.

Reasons

The landlord attended the hearing; the tenant did not.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
The Residential Tenancies Act, 1986 (the “RTA”) allows a landlord to prohibit a tenant from subletting or parting with possession of the premises during the term of the tenancy, see section 44, below. 44Subletting or parting with possession by tenant (1)There may be included in a tenancy agreement a provision that expressly and unconditionally prohibits the tenant from subletting or parting with possession of the premises during the term of the tenancy. (2)In the absence of such a provision, the tenant may at any time during the tenancy sublet or otherwise part with possession of the premises with the prior written consent of the landlord and in accordance with any conditions attached to that consent by the landlord. (2A)A tenant commits an unlawful act if he or she sublets or otherwise parts with possession of the premises— (a)in contravention of a provision of the kind described in subsection (1); or (b)in any other case, without the prior written consent of the landlord.
The tenancy agreement for the tenancy that was completed on 15 October 2022 (but not signed by the tenant) includes such a provision at clause 31.
Subletting - The Tenant shall not, without prior written consent from the Landlord or Property Manager:
Sublet or part with possession of the Property belonging to the Landlord. (emphasis added.)
Rent out the Property, or part thereof, on a short-term or daily basis or for the third parties' holiday purposes for financial reward.
Fail to continue to use Tenancy Property during the tenancy as a "principal" place of residence of the Tenant and authorised occupants. (emphasis added.)
Cause or permit the Landlord’s insurance policy to be vitiated or to cause an increase in premium, or excess.
Conduct business where council consent is required without council consent.
Permit any person to holiday in the Tenancy Property for financial reward when that person has not been approved by the Property Manager or Landlord.
Rent out the Tenancy Property or any portion of the tenancy Property when the Tenant is not personally present to supervise the security of the Property and behaviour of the occupants.
The landlord claims that the tenant has not been present at the premises since December 2023.
On 22 May 2024, the landlord emailed the tenant a 14 day notice to remedy, for having parted with possession of the premises, (breach of tenancy agreement clause 31, sub-clause 1, and RTA section 44) and asked her to be present at the inspection on 6 June 2024. The tenant was not present at the inspection.
On 11 June 2024, the landlord emailed the tenant to advise her that she had failed to remedy the breach, and to advise her that there was a hearing scheduled in the Tenancy Tribunal on 16 August 2024, (today).
On 27 June 2024 the tenant emailed the landlord to say that she was still in the United States. She did not give any indication of whether or when she would return to New Zealand. She also stated in the email that her brother and her daughter in law “Ana” are staying at the premises, and the landlord should liaise with them regarding the property.
I find that the tenant is currently failing to use the premises as her principal place of residence and this is a breach of clause 31, sub-clause 3 of her Tenancy Agreement.
I also find that the tenant has parted with possession of the premises which is a breach of clause 31, sub-clause 1 of her Tenancy Agreement.

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 their obligations by not residing at the premises and by parting with possession with the premises.
The landlord served a 14-day notice on the tenant on 22 May 2024, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the landlord has no tenancy agreement with the current occupants, and no means of enforcing claims for compensation against the current tenant.
Because Mog Limited T/A Angel Property Managers Acting Agent For Farrukh Saleem has wholly succeeded with the claim I must reimburse the filing fee.

Order

The tenancy of Faranisese Vavaitamana at 11C Bamboo Grove, Kelston, Auckland 0602 is terminated, and possession is granted to Mog Limited T/A Angel Property Managers Acting Agent For Farrukh Saleem, at 11.59 pm on Sunday 25 August 2024.

Reasons

The landlord attended the hearing; the tenant did not.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
The Residential Tenancies Act, 1986 (the “RTA”) allows a landlord to prohibit a tenant from subletting or parting with possession of the premises during the term of the tenancy, see section 44, below. 44Subletting or parting with possession by tenant (1)There may be included in a tenancy agreement a provision that expressly and unconditionally prohibits the tenant from subletting or parting with possession of the premises during the term of the tenancy. (2)In the absence of such a provision, the tenant may at any time during the tenancy sublet or otherwise part with possession of the premises with the prior written consent of the landlord and in accordance with any conditions attached to that consent by the landlord. (2A)A tenant commits an unlawful act if he or she sublets or otherwise parts with possession of the premises— (a)in contravention of a provision of the kind described in subsection (1); or (b)in any other case, without the prior written consent of the landlord.
The tenancy agreement for the tenancy that was completed on 15 October 2022 (but not signed by the tenant) includes such a provision at clause 31.
Subletting - The Tenant shall not, without prior written consent from the Landlord or Property Manager:
Sublet or part with possession of the Property belonging to the Landlord. (emphasis added.)
Rent out the Property, or part thereof, on a short-term or daily basis or for the third parties' holiday purposes for financial reward.
Fail to continue to use Tenancy Property during the tenancy as a "principal" place of residence of the Tenant and authorised occupants. (emphasis added.)
Cause or permit the Landlord’s insurance policy to be vitiated or to cause an increase in premium, or excess.
Conduct business where council consent is required without council consent.
Permit any person to holiday in the Tenancy Property for financial reward when that person has not been approved by the Property Manager or Landlord.
Rent out the Tenancy Property or any portion of the tenancy Property when the Tenant is not personally present to supervise the security of the Property and behaviour of the occupants.
The landlord claims that the tenant has not been present at the premises since December 2023.
On 22 May 2024, the landlord emailed the tenant a 14 day notice to remedy, for having parted with possession of the premises, (breach of tenancy agreement clause 31, sub-clause 1, and RTA section 44) and asked her to be present at the inspection on 6 June 2024. The tenant was not present at the inspection.
On 11 June 2024, the landlord emailed the tenant to advise her that she had failed to remedy the breach, and to advise her that there was a hearing scheduled in the Tenancy Tribunal on 16 August 2024, (today).
On 27 June 2024 the tenant emailed the landlord to say that she was still in the United States. She did not give any indication of whether or when she would return to New Zealand. She also stated in the email that her brother and her daughter in law “Ana” are staying at the premises, and the landlord should liaise with them regarding the property.
I find that the tenant is currently failing to use the premises as her principal place of residence and this is a breach of clause 31, sub-clause 3 of her Tenancy Agreement.
I also find that the tenant has parted with possession of the premises which is a breach of clause 31, sub-clause 1 of her Tenancy Agreement.

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 their obligations by not residing at the premises and by parting with possession with the premises.
The landlord served a 14-day notice on the tenant on 22 May 2024, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the landlord has no tenancy agreement with the current occupants, and no means of enforcing claims for compensation against the current tenant.
Because Mog Limited T/A Angel Property Managers Acting Agent For Farrukh Saleem has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4832897 — 14-day notice at 11C Bamboo Grove, Kelston, Auckland 0602

At a glance

Tenancy Tribunal case 4832897 — 14-day notice at 11C Bamboo Grove, Kelston, Auckland 0602

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions