What was the outcome of Tenancy Tribunal case 5223892?

The tribunal order states: The tenancy of James Cameron White at Unit 8, 10 Bari Lane, Mangere East,

How much money was awarded in case 5223892?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5223892?

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

Where can I read the official tribunal order for case 5223892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11860789-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5223892?

The tribunal order states: The tenancy of James Cameron White at Unit 8, 10 Bari Lane, Mangere East,

How much money was awarded in case 5223892?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5223892?

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

Where can I read the official tribunal order for case 5223892?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11860789-Tenancy_Tribunal_Order.pdf.

Unit 8, 10 Bari Lane, Mangere East, Auckland 2024 Tenancy Tribunal Case 5223892 — Rent arrears

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Order

The tenancy of James Cameron White at Unit 8, 10 Bari Lane, Mangere East, Auckland 2024 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 10am on Monday 19 May 2025.

This order may be enforced immediately.

James Cameron White must pay Kāinga Ora–Homes and Communities $1,006.00 immediately, being rent arrears to 19 May 2025.

Reasons

The hearing was conducted by telephone. Mr Van Gent attended for the landlord. The tenant did not attend. The landlord believes that the tenant is in prison but does not know which prison. The tenant has contacted the landlord’s Contact Centre regarding the application and so he must be aware of the hearing. It appears that he has not made any arrangements to attend the hearing from prison. A call to his mobile telephone at the time of the hearing went straight to voicemail. I am satisfied that he has been served with the application and so I proceeded with the hearing.

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 it.

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 not living in the premises. The tenancy agreement requires the tenant to live in the premises at all times.

The landlord served a 14-day breach notice on the tenant on 25 February 2025, and the tenant has not remedied the breach.

It would be inequitable to refuse to terminate the tenancy because the landlord, as a social housing provider, must maximise the use of their rental properties. Having properties sitting vacant is contrary to that purpose.

As well, the property has, since it has been vacant, been used by squatters and has suffered significant damage.

WINZ has stopped paying the rent because the tenant is in prison and rent is now over 11 weeks in arrears. That is another ground for terminating the tenancy and requires the Tribunal to make a termination order.

For obvious reasons, I have directed that the landlord may enforce this order immediately. Although, because the premises are unoccupied, the landlord may take immediate possession of the premises in any case.

Order

The tenancy of James Cameron White at Unit 8, 10 Bari Lane, Mangere East, Auckland 2024 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 10am on Monday 19 May 2025.

This order may be enforced immediately.

James Cameron White must pay Kāinga Ora–Homes and Communities $1,006.00 immediately, being rent arrears to 19 May 2025.

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 it.

The tenant has breached his obligations by not living in the premises. The tenancy agreement requires the tenant to live in the premises at all times.

The landlord served a 14-day breach notice on the tenant on 25 February 2025, and the tenant has not remedied the breach.

As well, the property has, since it has been vacant, been used by squatters and has suffered significant damage.

Tenancy Tribunal case 5223892 — Rent arrears at Unit 8, 10 Bari Lane, Mangere East, Auckland 2024

At a glance

Tenancy Tribunal case 5223892 — Rent arrears at Unit 8, 10 Bari Lane, Mangere East, Auckland 2024

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions