How much money was awarded in case 4866060?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4866060?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4866060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619987-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4866060?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4866060?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4866060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619987-Tenancy_Tribunal_Order.pdf.

Unit/Flat 33, 183 Strickland Street, Addington, Christchurch Tenancy Tribunal Case 4866060 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4866060?

The tribunal order states: The tenancy of Shelby Joseph at Unit/Flat 33, 183 Strickland Street, Addington,

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Order

The tenancy of Shelby Joseph at Unit/Flat 33, 183 Strickland Street, Addington, Christchurch 8024, Norman Kirk Courts is terminated, and possession is granted to Otautahi Community Housing Trust, immediately today.

Shelby Joseph must pay Otautahi Community Housing Trust $20.44 immediately, being the filing fee on the application.

Reasons

Ms Wyatt and Mr Woodbury represented the landlord. The tenant did not attend the hearing.

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 her obligations by failing to reside at the premises and by failing to notify the landlord that she would be absent from the premises for more than 30 days.

This is a breach of clause 13 of the tenancy agreement dated 10 December 2020.

The landlord served a 14-day notice on the tenant on 3 April 2024, and the tenant did not remedy the breach within the required period. The premises remain unoccupied.

It would be inequitable to refuse to terminate the tenancy because: •The evidence the landlord produced suggests that the tenant has not resided at the premises for about 2 years; and •The landlord contacted the person with whom the tenant is staying. That person confirmed that the tenant is staying with them; and •The tenant will not contact the landlord; and •The premises appear to be abandoned (photos produced in evidence); and •The power account for the premises is inactive.

The tenancy is for social housing for which there is high demand. It would be inequitable on that basis as well to refuse to terminate the tenancy. Others on the social housing waiting list could be housed in the premises.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Order

Shelby Joseph must pay Otautahi Community Housing Trust $20.44 immediately, being the filing fee on the application.

Reasons

Ms Wyatt and Mr Woodbury represented the landlord. The tenant did not attend the hearing.

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 has breached her obligations by failing to reside at the premises and by failing to notify the landlord that she would be absent from the premises for more than 30 days.

This is a breach of clause 13 of the tenancy agreement dated 10 December 2020.

The landlord served a 14-day notice on the tenant on 3 April 2024, and the tenant did not remedy the breach within the required period. The premises remain unoccupied.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4866060 — 14-day notice at Unit/Flat 33, 183 Strickland Street, Addington, Christchurch

At a glance

Tenancy Tribunal case 4866060 — 14-day notice at Unit/Flat 33, 183 Strickland Street, Addington, Christchurch

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