What was the outcome of Tenancy Tribunal case 4908874?

The tribunal order states: The tenancy of Tiana Kalani Edwards at Unit/Flat 3U, 1 Wadier Place,

How much money was awarded in case 4908874?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4908874?

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

Where can I read the official tribunal order for case 4908874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10518354-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4908874?

The tribunal order states: The tenancy of Tiana Kalani Edwards at Unit/Flat 3U, 1 Wadier Place,

How much money was awarded in case 4908874?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4908874?

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

Where can I read the official tribunal order for case 4908874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10518354-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3U, 1 Wadier Place, Henderson, Auckland 0610 Tenancy Tribunal Case 4908874 — 14-day notice

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Reasons

The landlord attended the hearing represented by Ms Thompson-Wise. Ms Edwards was telephoned a number of times however her phone was switched off. She had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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) RTA.

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 landlord alleges Ms Edwards has breached her obligations by failing to reside at the property. Clauses 14 and 15 of her tenancy agreement require her to reside in the home given this is state housing and such homes are needed by the community.

The landlord served a 14-day notice on Ms Edwards on 13 May 2024 however she does not appear to have remedied the breach within the required period. The reasons the landlord has for understanding that Ms Edwards has moved out are: i. Neighbours advised on 13 May that they had not seen her since 2 May. ii. Neighbours advised that unknown people have been breaking into the property. iii. Items from the property have been moved out into the communal area and left there. iv. The only belongings remaining in the property are rubbish. v. Damage is occurring inside the property which is consistent with others breaking in. vi. Property managers have been to the property a number of times in May and June and Ms Edwards has not been there. vii. Ms Edwards has not responded to the numerous messages left for her to get in touch with her property manager. viii. Urgent repairs have had to be undertaken due to a leak and Ms Edwards has not been sighted during that process.

Having assessed the evidence provided, I am satisfied that it would be inequitable to refuse to terminate the tenancy. I come to this finding because this home is state housing. There is a considerable shortage of state homes, and the waiting list is long. Vulnerable members of our society need such homes therefore it is unjust to leave them vacant.

When assessing the evidence provided, I must apply the civil standard of proof, that is the balance of probabilities, or what is more likely than not. I am satisfied that the evidence has established that Ms Edwards is no longer residing at the property. She has not engaged with her landlord, or the Tribunal, and the photos depict a home that is not lived in. The home is now suffering damage from alleged squatters.

I have made this finding although the rent is up to date. This is because Work and Income New Zealand (WINZ) are paying the rent directly to the landlord and would require tenant notification or Tribunal Order to cease those payments. I ask the landlord to forward a copy of this order to WINZ now.

Accordingly, I terminate the tenancy, effective immediately.

Reasons

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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) RTA.

Accordingly, I terminate the tenancy, effective immediately.

Tenancy Tribunal case 4908874 — 14-day notice at Unit/Flat 3U, 1 Wadier Place, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4908874 — 14-day notice at Unit/Flat 3U, 1 Wadier Place, Henderson, Auckland 0610

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions