What was the outcome of Tenancy Tribunal case 5097188?

The tribunal order states: The tenancy of Papatama Tokaika at Unit/Flat 2, 48 Nikau Road, Otahuhu,

How much money was awarded in case 5097188?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5097188?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5097188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11239436-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5097188?

The tribunal order states: The tenancy of Papatama Tokaika at Unit/Flat 2, 48 Nikau Road, Otahuhu,

How much money was awarded in case 5097188?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5097188?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5097188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11239436-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 48 Nikau Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5097188 — 14-day notice

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Order

The tenancy of Papatama Tokaika at Unit/Flat 2, 48 Nikau Road, Otahuhu, Auckland 1062 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.

Reasons

Only the landlord attended the hearing. Calls to the tenant went unanswered.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations in respect of actual occupation at the premises.

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 his obligations by failing to reside at the premises as required under the terms of the social housing tenancy agreement.
Clause 26 of the tenancy agreement requires the tenant to live at the premises at all times. Clause 27 of the agreement requires the tenant to notify the landlord in writing of their intention to be away from the property for more than 30 days. The tenant was incarcerated on 26 September 2024; the tenant is unable to return to the property for that reason.
The landlord served a 14-day breach notice on the tenant on 29 October 2024 and the tenant did not (and unable to) remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the premises was let to the tenant based on social needs and for actual occupation by the named tenant. The landlord is a social housing provider. The property should be freed up to enable it to be rehoused to other social housing tenants whilst it is unable to be occupied by the current tenant.

Tenancy Tribunal case 5097188 — 14-day notice at Unit/Flat 2, 48 Nikau Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5097188 — 14-day notice at Unit/Flat 2, 48 Nikau Road, Otahuhu, Auckland 1062

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