What was the outcome of Tenancy Tribunal case 4905074?

The tribunal order states: The tenancy of WIPATENE MATTHEW TIHEMA at Unit/Flat Flat 4, 14 Kirikiri

How much money was awarded in case 4905074?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4905074?

The dispute type was not classified.

Where can I read the official tribunal order for case 4905074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10612700-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4905074?

The tribunal order states: The tenancy of WIPATENE MATTHEW TIHEMA at Unit/Flat Flat 4, 14 Kirikiri

How much money was awarded in case 4905074?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4905074?

The dispute type was not classified.

Where can I read the official tribunal order for case 4905074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10612700-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 14 Kirikiri Road, Woodhill, Whangarei 0110 Tenancy Tribunal Case 4905074 — Tenancy dispute

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Reasons

Both parties attended the hearing. The landlord is represented by Stephanie Smith and the tenant is represented by his mother Rangimarie Tihema.

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 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 their obligations by failing reside at the premises as required by clause 14 of the tenancy agreement which states that the named tenant must live at the home at all times.

The tenant is presently incarcerated and there is no indication as to when he will be released to be able to return to the property. The breach is not capable of remedy under the circumstances.

The landlord is a social housing organisation. There is urgency for the premises be freed up and made available to other social housing tenants/occupants.

While I consider that it would be inequitable to refuse to terminate the tenancy in the circumstances, I also have regard to the fact that the premises is presently occupied by the tenant’s 3 year old son who has been residing at the premises all along. The tenant’s son is presently being looked after by the tenant’s mother Rangimarie Tihema who herself has applied for state housing.

Having regard to those facts, I consider it fair and just for this tenancy to end in a week’s time.

Reasons

Both parties attended the hearing. The landlord is represented by Stephanie Smith and the tenant is represented by his mother Rangimarie Tihema.

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 their obligations by failing reside at the premises as required by clause 14 of the tenancy agreement which states that the named tenant must live at the home at all times.

The tenant is presently incarcerated and there is no indication as to when he will be released to be able to return to the property. The breach is not capable of remedy under the circumstances.

The landlord is a social housing organisation. There is urgency for the premises be freed up and made available to other social housing tenants/occupants.

Having regard to those facts, I consider it fair and just for this tenancy to end in a week’s time.

Tenancy Tribunal case 4905074 — Tenancy dispute at Unit/Flat Flat 4, 14 Kirikiri Road, Woodhill, Whangarei 0110

At a glance

Claims & awards

Tenancy Tribunal case 4905074 — Tenancy dispute at Unit/Flat Flat 4, 14 Kirikiri Road, Woodhill, Whangarei 0110

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions