Tenantcheck Insights · Case study
Tenancy Tribunal case 5395601 — 14-day notice at Unit/Flat Unit 1, 15 Holford Street, Westown, New Plymouth
Published 15 January 2026 · Application 5395601
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
New Plymouth
Tribunal region
Adjudicator
N Walker
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenancy of Taukiri Ephraim Alapati Auelua at Unit/Flat Unit 1, 15 Holford Street, Westown, New Plymouth 4310 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, immediately.
Reasons
- The landlord attended the hearing by video. The tenant did not attend the hearing.
- An attempt was made to join the tenant to the hearing by calling the phone number on record for him. The person who answered the call advised that the tenant was in prison.
- The landlord had produced a document from the Police advising that the tenant was incarcerated with a statutory release date of 27 January 2027.
- The landlord also advised that they had recent communication with the tenant, and he had signed a notice to end the tenancy to take effect on 21 January 2026. However, in order to reduce the tenant’s liability, the landlord seeks immediate termination.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
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 their obligations by not residing in the premises which is a breach of clause 14 of the tenancy agreement which states, “You must live at the home at all times. The home must only be used by you and the other people who were named in your housing application.”
- The landlord served a 14-day notice on the tenant on 18 November 2025, and the tenant did not remedy the breach within the required period.
- It would be inequitable to refuse to terminate the tenancy because the tenant is not living in the tenancy and is not able to.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s56(1)
Key findings
- Dispute theme: termination 14day
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5395601?
The tribunal order states: The tenancy of Taukiri Ephraim Alapati Auelua at Unit/Flat Unit 1, 15 Holford
How much money was awarded in case 5395601?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5395601?
The primary dispute was 14-day notice.
Where can I read the official tribunal order for case 5395601?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12976325-Tenancy_Tribunal_Order.pdf.