What was the outcome of Tenancy Tribunal case 5321800?

The tribunal order states: The tenancy of Gemma Adrienne Newby at 59C Beach Road, Pahurehure,

How much money was awarded in case 5321800?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5321800?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5321800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293467-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5321800?

The tribunal order states: The tenancy of Gemma Adrienne Newby at 59C Beach Road, Pahurehure,

How much money was awarded in case 5321800?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5321800?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5321800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12293467-Tenancy_Tribunal_Order.pdf.

59C Beach Road, Pahurehure, Papakura 2113 Tenancy Tribunal Case 5321800 — 14-day notice

Order

The tenancy of Gemma Adrienne Newby at 59C Beach Road, Pahurehure, Papakura 2113 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 4pm on 21 September 2025.

Reasons

A representative of Kāinga Ora–Homes And Communities (“KO”) attended the hearing, conducted by phone. The tenant could not be contacted on the number provided but I'm satisfied that she received notice of the hearing and the hearing proceeded in her absence.
KO seek termination of the tenancy under Section 55(1)(b) Residential Tenancies Act 1986 (‘RTA”) on the basis that the tenant has caused substantial damage to the premises.
The tenancy commenced on 30 July 2024.The premises were a new build at the commencement of the tenancy being a 2-bedroom town house at the front of a shared driveway with other newly built town houses. Background
On 12 May 2025 the tenant advised KO that she had caused some damage to the premises. She said she had smashed up the oven, broken multiple windows and the toilet. She accepted liability for the costs and the housing support advisor logged urgent jobs and arranged for tradesmen to attend.
From 22 May 2025 KO attempted to engage with the tenant on multiple occasions and arrange access for tradesmen. On each occasion the tenant was not home or was few abusive to them, throwing things at them from the upstairs window or slamming the door on them. They did however notice there was even more damage to the inside and there was exposed wiring visible.
They attempted to engage with support services to get assistance for the tenant and on 10 June the tenant met with them and advised that she wanted the tenancy to end, and KO were able to inspect the property inside.
Over the following few days, they were eventually able to engage with the tenant again and she agreed to a referral to a support agency.
At the hearing KO stated that if they had been able to engage with the tenant in a meaningful way and that tradespeople were able to enter the property to undertake the repairs, they may not have been seeking termination however this course of action has not been possible and the tenant remains a possession. Damage
The premises are extensively damaged. The walls throughout the property have been smashed to such an extent that the studs are exposed as is the electrical wiring. Multiple windows have been broken and the oven top has been smashed again exposing all the electricals. Aside from all the damage KO have significant concerns as to the safety of the premises. The Law
Section 55 RTA states: (1) Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— .... (b) the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises; (2) The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).
The Tribunal is satisfied after considering the evidence of KO and viewing photographs of the damage that the tenant has caused substantial damage to the premises.
The breach has not been remedied nor the landlord compensated and after considering all the evidence I am not satisfied it is unlikely that the tenant would commit any further breach of this kind.
The tenancy is therefore terminated and KO have requested termination takes place in three weeks’ time which will give them the opportunity to work with the tenant to support her finding further premises or support services to assist her.

Order

The tenancy of Gemma Adrienne Newby at 59C Beach Road, Pahurehure, Papakura 2113 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 4pm on 21 September 2025.

Reasons

A representative of Kāinga Ora–Homes And Communities (“KO”) attended the hearing, conducted by phone. The tenant could not be contacted on the number provided but I'm satisfied that she received notice of the hearing and the hearing proceeded in her absence.
KO seek termination of the tenancy under Section 55(1)(b) Residential Tenancies Act 1986 (‘RTA”) on the basis that the tenant has caused substantial damage to the premises.
The tenancy commenced on 30 July 2024.The premises were a new build at the commencement of the tenancy being a 2-bedroom town house at the front of a shared driveway with other newly built town houses. Background
On 12 May 2025 the tenant advised KO that she had caused some damage to the premises. She said she had smashed up the oven, broken multiple windows and the toilet. She accepted liability for the costs and the housing support advisor logged urgent jobs and arranged for tradesmen to attend.
From 22 May 2025 KO attempted to engage with the tenant on multiple occasions and arrange access for tradesmen. On each occasion the tenant was not home or was few abusive to them, throwing things at them from the upstairs window or slamming the door on them. They did however notice there was even more damage to the inside and there was exposed wiring visible.
They attempted to engage with support services to get assistance for the tenant and on 10 June the tenant met with them and advised that she wanted the tenancy to end, and KO were able to inspect the property inside.
Over the following few days, they were eventually able to engage with the tenant again and she agreed to a referral to a support agency.
At the hearing KO stated that if they had been able to engage with the tenant in a meaningful way and that tradespeople were able to enter the property to undertake the repairs, they may not have been seeking termination however this course of action has not been possible and the tenant remains a possession. Damage
The premises are extensively damaged. The walls throughout the property have been smashed to such an extent that the studs are exposed as is the electrical wiring. Multiple windows have been broken and the oven top has been smashed again exposing all the electricals. Aside from all the damage KO have significant concerns as to the safety of the premises. The Law
Section 55 RTA states: (1) Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— .... (b) the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises; (2) The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).
The Tribunal is satisfied after considering the evidence of KO and viewing photographs of the damage that the tenant has caused substantial damage to the premises.
The breach has not been remedied nor the landlord compensated and after considering all the evidence I am not satisfied it is unlikely that the tenant would commit any further breach of this kind.
The tenancy is therefore terminated and KO have requested termination takes place in three weeks’ time which will give them the opportunity to work with the tenant to support her finding further premises or support services to assist her.

Tenancy Tribunal case 5321800 — 14-day notice at 59C Beach Road, Pahurehure, Papakura 2113

At a glance

Tenancy Tribunal case 5321800 — 14-day notice at 59C Beach Road, Pahurehure, Papakura 2113

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions