What was the outcome of Tenancy Tribunal case 5268624?

The tribunal order states: The tenancy of Carl Terry Leu at Flat 9, 7 Bayard Street, Ponsonby,

How much money was awarded in case 5268624?

Anted To KāInga Ora – Homes And Comm…: $1,562.00 awarded to landlord

What type of tenancy dispute was case 5268624?

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

Where can I read the official tribunal order for case 5268624?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12060625-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5268624?

The tribunal order states: The tenancy of Carl Terry Leu at Flat 9, 7 Bayard Street, Ponsonby,

How much money was awarded in case 5268624?

Anted To KāInga Ora – Homes And Comm…: $1,562.00 awarded to landlord

What type of tenancy dispute was case 5268624?

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

Where can I read the official tribunal order for case 5268624?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12060625-Tenancy_Tribunal_Order.pdf.

Flat 9, 7 Bayard Street, Ponsonby, Auckland 1011 Tenancy Tribunal Case 5268624 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Flat 9, 7 Bayard Street, Ponsonby, Auckland 1011 Tenancy Tribunal Case 5268624 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5268624. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
anted to Kāinga Ora – Homes and Communities, immediately. 2. Carl Terry Leu must immediately pay Kāinga Ora – Homes and	$1,562.00		anted to Kāinga Ora – Homes and Communities, immediately. 2. Carl Terry Leu must immediately pay Kāinga Ora – Homes and

Claims and awards for application 5268624. Verify on MoJ.

anted to Kāinga Ora – Homes and Communities, immediately. 2. Carl Terry Leu must immediately pay Kāinga Ora – Homes and

Amount: $1,562.00
Awarded to: Landlord
Reason: anted to Kāinga Ora – Homes and Communities, immediately. 2. Carl Terry Leu must immediately pay Kāinga Ora – Homes and

Order

The tenancy of Carl Terry Leu at Flat 9, 7 Bayard Street, Ponsonby, Auckland 1011 is terminated, and possession is granted to Kāinga Ora – Homes and Communities, immediately.
Carl Terry Leu must immediately pay Kāinga Ora – Homes and Communities $1,562.00 for rent arrears to the end of 1 July 2025

Reasons

Alex Temu attended the hearing for the landlord.
The tenant did not attend. The tenant has not communicated with the Tribunal to explain his non-appearance. The hearing proceeded in his absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears.

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. 1 1 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 landlord submits: Clause 14 of the Tenancy Agreements states: “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”. This clause is included in our Tenancy Agreement, because Kāinga Ora is a social housing landlord, and our homes must be made available for those with the need for housing.
The landlord realised something was amiss after the tenant ceased paying rent on 19 March 2025. The tenancy manager wrote to the tenant advising him of that on 11 April 2025, but had no response.
The tenancy manager made enquiries which established that the tenant was not living at the address. The tenancy manager served a 14-day notice on the tenant at his tenancy address on 17 April 2025. Despite the notice, the tenant has not returned to the premises even as at today’s date, more than 10 weeks later.
The tenant has breached their obligations by failing to reside in the address.
I find the tenant has not remedied the breach within the required period after being notice of the breach.
The landlord wants to make the house available to other families in need of social housing. Currently its resource is being wasted. The landlord is also concerned the premises could be damaged by opportunistic squatters of the like.
I am satisfied that due to the nature and extent of the breach it would be inequitable to refuse the landlord’s application for termination.

Does the tenant owe the landlord for rent arrears?

The applicant provided rent records and Mr Temu gave evidence about the rent arrears. I am satisfied that the rent arrears are as stated in the order above.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5268624. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
anted to Kāinga Ora – Homes and Communities, immediately. 2. Carl Terry Leu must immediately pay Kāinga Ora – Homes and	$1,562.00		anted to Kāinga Ora – Homes and Communities, immediately. 2. Carl Terry Leu must immediately pay Kāinga Ora – Homes and

Claims and awards for application 5268624. Verify on MoJ.

anted to Kāinga Ora – Homes and Communities, immediately. 2. Carl Terry Leu must immediately pay Kāinga Ora – Homes and

Amount: $1,562.00
Awarded to: Landlord
Reason: anted to Kāinga Ora – Homes and Communities, immediately. 2. Carl Terry Leu must immediately pay Kāinga Ora – Homes and

Order

The tenancy of Carl Terry Leu at Flat 9, 7 Bayard Street, Ponsonby, Auckland 1011 is terminated, and possession is granted to Kāinga Ora – Homes and Communities, immediately.
Carl Terry Leu must immediately pay Kāinga Ora – Homes and Communities $1,562.00 for rent arrears to the end of 1 July 2025

Reasons

Alex Temu attended the hearing for the landlord.
The tenant did not attend. The tenant has not communicated with the Tribunal to explain his non-appearance. The hearing proceeded in his absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears.

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. 1 1 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 landlord submits: Clause 14 of the Tenancy Agreements states: “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”. This clause is included in our Tenancy Agreement, because Kāinga Ora is a social housing landlord, and our homes must be made available for those with the need for housing.
The landlord realised something was amiss after the tenant ceased paying rent on 19 March 2025. The tenancy manager wrote to the tenant advising him of that on 11 April 2025, but had no response.
The tenancy manager made enquiries which established that the tenant was not living at the address. The tenancy manager served a 14-day notice on the tenant at his tenancy address on 17 April 2025. Despite the notice, the tenant has not returned to the premises even as at today’s date, more than 10 weeks later.
The tenant has breached their obligations by failing to reside in the address.
I find the tenant has not remedied the breach within the required period after being notice of the breach.
The landlord wants to make the house available to other families in need of social housing. Currently its resource is being wasted. The landlord is also concerned the premises could be damaged by opportunistic squatters of the like.
I am satisfied that due to the nature and extent of the breach it would be inequitable to refuse the landlord’s application for termination.

Does the tenant owe the landlord for rent arrears?

The applicant provided rent records and Mr Temu gave evidence about the rent arrears. I am satisfied that the rent arrears are as stated in the order above.

Tenancy Tribunal case 5268624 — Rent arrears at Flat 9, 7 Bayard Street, Ponsonby, Auckland 1011

At a glance

Tenancy Tribunal case 5268624 — Rent arrears at Flat 9, 7 Bayard Street, Ponsonby, Auckland 1011

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Does the tenant owe the landlord for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Does the tenant owe the landlord for rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions