How much money was awarded in case 5040077?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5040077?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5040077?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11049734-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5040077?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5040077?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5040077?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11049734-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 52 Banbury Crescent, Fairfield, Hamilton 3214 Tenancy Tribunal Case 5040077 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5040077?

The tribunal order states: The tenancy of Naomi-Kaye Rauputipu Williams at Unit 2, 52 Banbury Crescent,

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Order

The tenancy of Naomi-Kaye Rauputipu Williams at Unit 2, 52 Banbury Crescent, Fairfield, Hamilton 3214, is terminated immediately and possession is granted to Kāinga Ora–Homes And Communities

Naomi-Kaye Rauputipu Williams must pay Kāinga Ora–Homes And Communities rent arrears of $1,904.86 immediately, being rent arrears to 7 November 2024.

Reasons

The Landlord attended the hearing by phone. The Tenant is currently incarcerated.

The Landlord has applied for termination of the tenancy due to abandonment and rent arrears.

Should the tenancy be terminated?

Under s 61 of the Residential Tenancies Act 1986 (RTA), the Tribunal may terminate a tenancy if satisfied that the premises have been abandoned and rent is in arrears at the hearing date.

A tenancy is considered abandoned when the tenant leaves without reasonable excuse, not intending to return or meet their obligations, and fails to notify the landlord.

Ms Williams has been incarcerated since 10 June 2024 and is not expected to be released until 9 June 2025. The premises have been unoccupied since 19 August 2024 after a boarder vacated and the locks were changed.

The Landlord became aware that the premises were abandoned on 19 August 2024 when the property was found unoccupied, and the Tenant was unreachable.

Despite attempts to contact Ms Williams through the Department of Corrections, she has declined to end the tenancy or make arrangements for rent payments.

I find that the Tenant has abandoned the premises. Leaving due to incarceration does not absolve the Tenant of their obligations under the tenancy agreement. The Tenant left without reasonable excuse, not intending to return in the foreseeable future, and failed to notify the Landlord.

As the premises have been abandoned and rent is in arrears, the tenancy is terminated immediately under section 61. Alternative Grounds for Termination

If I am wrong in terminating the tenancy pursuant to section 61, I would still find the Tenant in breach of the tenancy agreement due to her non-occupancy.

As the Landlord’s representative correctly points out, clauses 14 and 15 of the tenancy agreement stipulate that the Tenant must reside in the property at all times. This requirement exists because the Landlord is a social housing organisation providing homes for those in need.

The Tenant’s prolonged absence and failure to occupy the property constitute a breach of the tenancy agreement. Even if regarded as an anticipatory breach, this non-occupancy justifies termination under s 56 of the RTA, and it would be inequitable in these circumstances, to refuse to terminate the tenancy.

How much does the tenant owe?

The Landlord provided rent records proving that rent arrears amount to $1,904.86 as of 16 October 2024. No rent has been paid since 1 August 2024.

Order

The tenancy of Naomi-Kaye Rauputipu Williams at Unit 2, 52 Banbury Crescent, Fairfield, Hamilton 3214, is terminated immediately and possession is granted to Kāinga Ora–Homes And Communities

Naomi-Kaye Rauputipu Williams must pay Kāinga Ora–Homes And Communities rent arrears of $1,904.86 immediately, being rent arrears to 7 November 2024.

Reasons

The Landlord attended the hearing by phone. The Tenant is currently incarcerated.

The Landlord has applied for termination of the tenancy due to abandonment and rent arrears.

Should the tenancy be terminated?

Under s 61 of the Residential Tenancies Act 1986 (RTA), the Tribunal may terminate a tenancy if satisfied that the premises have been abandoned and rent is in arrears at the hearing date.

A tenancy is considered abandoned when the tenant leaves without reasonable excuse, not intending to return or meet their obligations, and fails to notify the landlord.

The Landlord became aware that the premises were abandoned on 19 August 2024 when the property was found unoccupied, and the Tenant was unreachable.

Despite attempts to contact Ms Williams through the Department of Corrections, she has declined to end the tenancy or make arrangements for rent payments.

As the premises have been abandoned and rent is in arrears, the tenancy is terminated immediately under section 61. Alternative Grounds for Termination

If I am wrong in terminating the tenancy pursuant to section 61, I would still find the Tenant in breach of the tenancy agreement due to her non-occupancy.

How much does the tenant owe?

The Landlord provided rent records proving that rent arrears amount to $1,904.86 as of 16 October 2024. No rent has been paid since 1 August 2024.

Tenancy Tribunal case 5040077 — Rent arrears at Unit/Flat 2, 52 Banbury Crescent, Fairfield, Hamilton 3214

At a glance

Tenancy Tribunal case 5040077 — Rent arrears at Unit/Flat 2, 52 Banbury Crescent, Fairfield, Hamilton 3214

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions