What was the outcome of Tenancy Tribunal case 4864382?

The tribunal order states: The tenancy of Aleena J Grace at 29 West Belt, Lincoln, Lincoln 7608 is

How much money was awarded in case 4864382?

Lincoln, Lincoln 7608 is terminated,…: $300.00 awarded to landlord

What type of tenancy dispute was case 4864382?

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

Where can I read the official tribunal order for case 4864382?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10377773-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4864382?

The tribunal order states: The tenancy of Aleena J Grace at 29 West Belt, Lincoln, Lincoln 7608 is

How much money was awarded in case 4864382?

Lincoln, Lincoln 7608 is terminated,…: $300.00 awarded to landlord

What type of tenancy dispute was case 4864382?

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

Where can I read the official tribunal order for case 4864382?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10377773-Tenancy_Tribunal_Order.pdf.

29 West Belt, Lincoln, Lincoln 7608 Tenancy Tribunal Case 4864382 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4864382. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lincoln, Lincoln 7608 is terminated, and possession is granted to Fiona Watson, at 11:59pm on Friday 24 May 2024. 2. The	$300.00		Lincoln, Lincoln 7608 is terminated, and possession is granted to Fiona Watson, at 11:59pm on Friday 24 May 2024. 2. The

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and permission to retain the $300.00 bond.

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 failing to quit the premises after receiving a lawful notice terminating her tenancy.

The landlord sent the tenant a letter on 16 August 2023, informing the tenant she was going to put the house on the market and needed the tenant to vacate the premises by 22 October 2023.

After speaking to the tenant, the landlord gave the tenant an extension of time to quit the premises as she is a vulnerable person who was struggling to find a new home. The landlord issued a further termination notice on 4 December 2023, informing the tenant the final termination date could be no later than 3 March 2024.

The tenant has failed to quit the premises and was still residing in the house as at today’s date. The landlord has the house on the market and is struggling to get access to the house for viewings. In addition, if the landlord does get access the tenant has hoarded so many belongings that prospective buyers cannot get into the rooms due to the volume of belonging stored in them. Even most of the hallway is blocked by the tenant’s belongings.

The landlord has provided significant amounts of support to the tenant to try to find alternative accommodation, but the tenant has shown no signs of proactively pursuing new accommodation nor has she been open to accepting social support from community organisations willing to assist her.

The landlord has a conditional offer on the house and requires urgent access to it to allow the buyer to fully view the house.

Fiona Watson claims the tenant did not vacate the premises on 3 March 2024, the date the tenancy ended.

A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.

It would be inequitable to refuse to terminate the tenancy when the landlord had a genuine reason for terminating the tenancy and the tenant continues to be in breach of her s40(1)(e) of RTA obligations to quit the premises by 3 March 2024.

The tenancy is terminated, and the Fiona Watson is granted possession of the premises at 29 West Belt, Lincoln, Lincoln 7608. Bond

The landlord has not lodged the Bond with the Bond Centre, retaining it in her account. She did not lodge it as she had initially only agreed to provide temporary accommodation to the tenant, for a period no more than 3 months.

The tenant failed to pay the $75.00 increase in rent from 2 February 2024 (16 weeks). The tenant owes the landlord $1,200.00 in rent arrears as at today’s date. The landlord has agreed to take the $300.00 bond to offset the rent arrears owed and to waive the remaining rent arrear debt.

I am satisfied that the $300.00 bond should be retained by the landlord and make orders to that effect.

Claims and awards in Tenancy Tribunal application 4864382. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Lincoln, Lincoln 7608 is terminated, and possession is granted to Fiona Watson, at 11:59pm on Friday 24 May 2024. 2. The	$300.00		Lincoln, Lincoln 7608 is terminated, and possession is granted to Fiona Watson, at 11:59pm on Friday 24 May 2024. 2. The

Order

The tenancy of Aleena J Grace at 29 West Belt, Lincoln, Lincoln 7608 is terminated, and possession is granted to Fiona Watson, at 11:59pm on Friday 24 May 2024.
The $300.00 bond is to be paid to Fiona Watson immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and permission to retain the $300.00 bond.

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 failing to quit the premises after receiving a lawful notice terminating her tenancy.
The landlord sent the tenant a letter on 16 August 2023, informing the tenant she was going to put the house on the market and needed the tenant to vacate the premises by 22 October 2023.
After speaking to the tenant, the landlord gave the tenant an extension of time to quit the premises as she is a vulnerable person who was struggling to find a new home. The landlord issued a further termination notice on 4 December 2023, informing the tenant the final termination date could be no later than 3 March 2024.
The tenant has failed to quit the premises and was still residing in the house as at today’s date. The landlord has the house on the market and is struggling to get access to the house for viewings. In addition, if the landlord does get access the tenant has hoarded so many belongings that prospective buyers cannot get into the rooms due to the volume of belonging stored in them. Even most of the hallway is blocked by the tenant’s belongings.
The landlord has provided significant amounts of support to the tenant to try to find alternative accommodation, but the tenant has shown no signs of proactively pursuing new accommodation nor has she been open to accepting social support from community organisations willing to assist her.
The landlord has a conditional offer on the house and requires urgent access to it to allow the buyer to fully view the house.
Fiona Watson claims the tenant did not vacate the premises on 3 March 2024, the date the tenancy ended.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
It would be inequitable to refuse to terminate the tenancy when the landlord had a genuine reason for terminating the tenancy and the tenant continues to be in breach of her s40(1)(e) of RTA obligations to quit the premises by 3 March 2024.
The tenancy is terminated, and the Fiona Watson is granted possession of the premises at 29 West Belt, Lincoln, Lincoln 7608. Bond
The landlord has not lodged the Bond with the Bond Centre, retaining it in her account. She did not lodge it as she had initially only agreed to provide temporary accommodation to the tenant, for a period no more than 3 months.
The tenant failed to pay the $75.00 increase in rent from 2 February 2024 (16 weeks). The tenant owes the landlord $1,200.00 in rent arrears as at today’s date. The landlord has agreed to take the $300.00 bond to offset the rent arrears owed and to waive the remaining rent arrear debt.
I am satisfied that the $300.00 bond should be retained by the landlord and make orders to that effect.

Tenancy Tribunal case 4864382 — Rent arrears at 29 West Belt, Lincoln, Lincoln 7608

At a glance

Tenancy Tribunal case 4864382 — Rent arrears at 29 West Belt, Lincoln, Lincoln 7608

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