What was the outcome of Tenancy Tribunal case 4931594?

The tribunal order states: The tenancy of Danielle Joyce CAIRNS at 54 Hillary Street, Liberton, Dunedin

How much money was awarded in case 4931594?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4931594?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4931594?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10637146-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4931594?

The tribunal order states: The tenancy of Danielle Joyce CAIRNS at 54 Hillary Street, Liberton, Dunedin

How much money was awarded in case 4931594?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4931594?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4931594?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10637146-Tenancy_Tribunal_Order.pdf.

54 Hillary Street, Liberton, Dunedin 9010 Tenancy Tribunal Case 4931594 — 14-day notice

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Reasons

Only the landlord attended the hearing that took place by telephone. The tenant did not answer the telephone on any of the numbers provided available for her. I am satisfied the tenant has been served and so the hearing proceeded in her absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord says the tenant has breached her obligations by failing to live in the premises.

The tenancy agreement states: Clause 14. You must live at the home at all times. The home must only be used by you and your family who were part of your application. Clause 15. If you are going to be away from the home for more that 30 days (for example, if you are on holiday, or sick), you need to let us know.

The landlord has served a 14-day notice dated 8 May 2024 in respect of the breach. This was attached to the door of the property and placed in the letterbox on the same day.

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 not living at the property. The landlord has provided probative evidence to satisfy me of this being: a. Electric meter readings showing little electricity use across several months; b. A log of inspections on several occasions where it was noted the tenant was not living at the property; c. Photographs of the property’s mailbox which is very full of mail on several dates; d. A message from MSD advising the tenant is not longer residing at the property.

More recently the landlord says they have had email communication with the tenant where non-occupation has been acknowledged.

The landlord served a 14-day notice on the tenant on 8 May 2024 and the tenant did not remedy the breach within the required period. It is still not remedied.

It would be inequitable to refuse to terminate the tenancy because I am satisfied that the tenant is no longer living at the property and the home should be returned to the landlord so that it can be rented to another eligible person in need of housing. The landlord is a social housing provider. Naturally, it is important that the landlord ensure that its limited resource of social housing goes to those most in need.

The landlord seeks possession from Wednesday 31 July 2024 so the tenant can remove her possessions and this is reflected in my order.

The filing fee or name suppression is not sought so this has not been ordered.

Reasons

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. The landlord says the tenant has breached her obligations by failing to live in the premises.

The landlord has served a 14-day notice dated 8 May 2024 in respect of the breach. This was attached to the door of the property and placed in the letterbox on the same day.

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.

More recently the landlord says they have had email communication with the tenant where non-occupation has been acknowledged.

The landlord served a 14-day notice on the tenant on 8 May 2024 and the tenant did not remedy the breach within the required period. It is still not remedied.

The landlord seeks possession from Wednesday 31 July 2024 so the tenant can remove her possessions and this is reflected in my order.

The filing fee or name suppression is not sought so this has not been ordered.

Tenancy Tribunal case 4931594 — 14-day notice at 54 Hillary Street, Liberton, Dunedin 9010

At a glance

Tenancy Tribunal case 4931594 — 14-day notice at 54 Hillary Street, Liberton, Dunedin 9010

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