What was the outcome of Tenancy Tribunal case 5221213?

The tribunal order states: The tenancy of Oshaye Katene Thoms at Unit/Flat Unit 4, 1 Ben Rarere Avenue,

How much money was awarded in case 5221213?

Rent Arrears: $331.14 awarded to landlord

What type of tenancy dispute was case 5221213?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5221213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11911702-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5221213?

The tribunal order states: The tenancy of Oshaye Katene Thoms at Unit/Flat Unit 4, 1 Ben Rarere Avenue,

How much money was awarded in case 5221213?

Rent Arrears: $331.14 awarded to landlord

What type of tenancy dispute was case 5221213?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5221213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11911702-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 4, 1 Ben Rarere Avenue, Aranui, Christchurch Tenancy Tribunal Case 5221213 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5221213 — net $331.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.5.25	$331.14	Rent arrears to 29.5.25
Net award	$331.14
Total payable by Tenant to Landlord	$331.14

The tenancy of Oshaye Katene Thoms at Unit/Flat Unit 4, 1 Ben Rarere Avenue, Aranui, Christchurch 8061 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11.59pm on 29 May 2025.

Oshaye Katene Thoms must pay Kāinga Ora–Homes and Communities $331.14 immediately, as shown in the table below:

Reasons

Only the landlord, represented by Mr Temu, attended the hearing, which was conducted via teleconference. Three attempts were made to contact the tenant, and on each occasion, the call either went to voicemail or was not answered. As the tenant has been notified, the hearing proceeded in her absence.

The landlord has applied for termination of the tenancy and rent arrears. There is no bond.

The landlord sought termination for rent arrears and for breach of the tenant’s obligations under the tenancy agreement.

Should the tenancy be terminated?

I am satisfied that the landlord has established the grounds for termination of the tenancy. Rent was at least 21 days in arrears on the date the application was filed. At the date of the hearing, rent was still in arrears, although the tenant had reduced the arrears. The landlord provided rent records and oral evidence in support. Accordingly, the grounds for termination of the tenancy under section 55(1)(a) of the Residential Tenancies Act 1986 (the RTA) are met.

I am also satisfied that the grounds for termination of the tenancy under section 56(1) of the RTA are met. Under this provision, 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. 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.

Under the tenancy agreement, the tenant is required to live at the home at all times (clause 14) and notify the landlord if they are going to be away for more than 30 days (clause 15).

The landlord has provided detailed evidence and submissions which show the steps taken after being notified by neighbours that the tenant was no longer occupying the premises. The landlord issued 14-day notices on 24 January 2025 and 2 April 2025. There was photographic evidence that power had been disconnected by 23 April 2025, and evidence of the condition of the premises.

In this case, I am satisfied that the tenant has breached her obligations under the tenancy agreement and has not remedied the breach within the required period.

In the circumstances, I find that it would be inequitable to refuse to terminate the tenancy. Kāinga Ora–Homes and Communities provides social housing on the basis of housing need, and it is fair and reasonable that tenants are required to live in the home, due to the demand for housing. Where there is evidence that the tenant is no longer residing in the premises, and is therefore in breach if their tenancy agreement, there are sufficient grounds for termination of the tenancy. Accordingly, this tenancy is terminated. . Filing fee

While successful with its application, the landlord does not seek the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5221213 — net $331.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.5.25	$331.14	Rent arrears to 29.5.25
Net award	$331.14
Total payable by Tenant to Landlord	$331.14

Oshaye Katene Thoms must pay Kāinga Ora–Homes and Communities $331.14 immediately, as shown in the table below:

Reasons

The landlord has applied for termination of the tenancy and rent arrears. There is no bond.

The landlord sought termination for rent arrears and for breach of the tenant’s obligations under the tenancy agreement.

Should the tenancy be terminated?

Under the tenancy agreement, the tenant is required to live at the home at all times (clause 14) and notify the landlord if they are going to be away for more than 30 days (clause 15).

In this case, I am satisfied that the tenant has breached her obligations under the tenancy agreement and has not remedied the breach within the required period.

While successful with its application, the landlord does not seek the filing fee.

Tenancy Tribunal case 5221213 — Rent arrears at Unit/Flat Unit 4, 1 Ben Rarere Avenue, Aranui, Christchurch

At a glance

Tenancy Tribunal case 5221213 — Rent arrears at Unit/Flat Unit 4, 1 Ben Rarere Avenue, Aranui, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions