What was the outcome of Tenancy Tribunal case 5435193?

The tribunal order states: The tenancy of Yahya Ali Farah at 27A Woodvale Road, Glen Eden, Auckland

How much money was awarded in case 5435193?

Rent Arrears: $2,423.28 awarded to landlord

What type of tenancy dispute was case 5435193?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5435193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13354013-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5435193?

The tribunal order states: The tenancy of Yahya Ali Farah at 27A Woodvale Road, Glen Eden, Auckland

How much money was awarded in case 5435193?

Rent Arrears: $2,423.28 awarded to landlord

What type of tenancy dispute was case 5435193?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5435193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13354013-Tenancy_Tribunal_Order.pdf.

27A Woodvale Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 5435193 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5435193 — net $2,423.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26.3.2026	$2,423.28	Rent arrears to 26.3.2026
Net award	$2,423.28
Total payable by Tenant to Landlord	$2,423.28

The tenancy of Yahya Ali Farah at 27A Woodvale Road, Glen Eden, Auckland 0602 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11.59pm on 26 March 2026.

Yahya Ali Farah must pay Kāinga Ora–Homes and Communities $2,423.28 immediately, as shown in the table below:

Reasons

Only the landlord, represented by Ms Davis, attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, either by video or telephone. As the tenant has been notified, the hearing proceeded.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears. The landlord seeks termination on the basis that the tenant no longer lives at the premises and is in breach of his tenancy agreement. Legal framework

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) of the Residential Tenancies Act 1986 (the RTA).

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.

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) of the RTA.

Should the tenancy be terminated?

I am satisfied that the landlord has established the grounds for termination of the tenancy. While the application was made under section 56 of the RTA, section 55 allows for termination of the tenancy where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date. In this case, rent was over 21 days in arrears on the date the application was filed. At the date of the hearing, rent was substantially over 21 days in arrears.

I am also satisfied that the grounds for termination of the tenancy under section 56(1) of the RTA are met. 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 issued a 14 day notice on 28 November 2025 requiring the tenant to remedy the breach. The tenant failed to remedy 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.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. Filing fee and name suppression

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

The landlord has requested that the tenant’s name be suppressed. Having had regard to the interests of the parties and to the public interest, and noting the landlord’s reasons, the Tribunal declines this request. The tenant has been unsuccessful, and the landlord has not provided any persuasive reasons for name suppression in this case.

Name suppression for the landlord is not sought.

Claims and awards in Tenancy Tribunal application 5435193 — net $2,423.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26.3.2026	$2,423.28	Rent arrears to 26.3.2026
Net award	$2,423.28
Total payable by Tenant to Landlord	$2,423.28

Order

The tenancy of Yahya Ali Farah at 27A Woodvale Road, Glen Eden, Auckland 0602 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11.59pm on 26 March 2026.
Yahya Ali Farah must pay Kāinga Ora–Homes and Communities $2,423.28 immediately, as shown in the table below:

Reasons

Only the landlord, represented by Ms Davis, attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, either by video or telephone. As the tenant has been notified, the hearing proceeded.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears. The landlord seeks termination on the basis that the tenant no longer lives at the premises and is in breach of his tenancy agreement. Legal framework
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) of the Residential Tenancies Act 1986 (the RTA).
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.
Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) of the RTA.

Should the tenancy be terminated?

I am satisfied that the landlord has established the grounds for termination of the tenancy. While the application was made under section 56 of the RTA, section 55 allows for termination of the tenancy where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date. In this case, rent was over 21 days in arrears on the date the application was filed. At the date of the hearing, rent was substantially over 21 days in arrears.
I am also satisfied that the grounds for termination of the tenancy under section 56(1) of the RTA are met. 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 issued a 14 day notice on 28 November 2025 requiring the tenant to remedy the breach. The tenant failed to remedy 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.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. Filing fee and name suppression
While successful with its application, the landlord does not seek the filing fee.
The landlord has requested that the tenant’s name be suppressed. Having had regard to the interests of the parties and to the public interest, and noting the landlord’s reasons, the Tribunal declines this request. The tenant has been unsuccessful, and the landlord has not provided any persuasive reasons for name suppression in this case.
Name suppression for the landlord is not sought.

Tenancy Tribunal case 5435193 — Rent arrears at 27A Woodvale Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 5435193 — Rent arrears at 27A Woodvale Road, Glen Eden, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions