How much money was awarded in case 5518630?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5518630?

The primary dispute was 14-day notice. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5518630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13777384-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5518630?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5518630?

The primary dispute was 14-day notice. Related themes: Mould & damp.

Where can I read the official tribunal order for case 5518630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13777384-Tenancy_Tribunal_Order.pdf.

14C Hewer Crescent, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 5518630 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 5518630?

The tribunal order states: The tenancy of Steffen Kent Wilkie at 14C Hewer Crescent, Naenae, Lower Hutt

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Order

The tenancy of Steffen Kent Wilkie at 14C Hewer Crescent, Naenae, Lower Hutt 5011 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59 on Sunday 28 June 2026 if prior to that date the respondent does not arrange a joint visit by the applicant and respondent satisfying the applicant that he has returned to the property.

Reasons

Both parties attended the hearing. However, during the course of the hearing, the respondent abruptly disconnected the call and did not answer when contacted again.

This tenancy commenced on 29 March 2023. The applicant states that on 14 April 2026 they received information indicating that the respondent was not residing at the property. The applicant stated that they subsequently attempted to contact the respondent on eight occasions by telephone, text message, email, and personal visits in order to understand the circumstances. Those attempts were unsuccessful.

The respondent attended the hearing and, at times, gave vague indications that he had been in hospital, was staying with different people, and was seriously unwell. However, when attempts were made to clarify his circumstances, the respondent disconnected the call.

Before disconnecting the call, the respondent indicated that he was continuing to pay rent and suggested he wished to continue the tenancy. The applicant stated that the respondent had contacted its call centre on two occasions seeking to surrender the tenancy.

As such, the Tribunal has no reliable basis upon which to ascertain the respondent's actual position. However, given the respondent's assertions during the hearing that he wished to retain his rights under the tenancy, and the applicant's confirmation that it would be prepared for the tenancy to continue if the respondent returned to the property, I consider a conditional termination order to be appropriate.

The applicant stated that a house visit was completed on 20 May 2026. During that visit, there was evidence of moisture build-up within the property. The condition of the property indicated that it was not being occupied. The applicant stated that mould had begun to develop and that mushrooms were growing within the premises.

Given that this is a social housing tenancy, for which there is significant public demand, Kāinga Ora routinely includes an occupancy requirement in its tenancy agreements. I am satisfied, on the balance of probabilities, that the property is not being occupied. I accept the applicant's evidence regarding the condition of the property and am satisfied that its deterioration is consistent with a lack of occupation.

Section 56 of the Residential Tenancies Act 1986 provides that where a party believes the other party has committed a breach that is capable of remedy, that party may issue a notice specifying the nature of the breach and requiring it to be remedied within a reasonable period of not less than 14 days commencing on the date the notice is given.

On 17 April 2026, the applicant issued a 14-day notice requiring the respondent to return to the property and make contact with the applicant. I am satisfied that the notice complies with the requirements of section 56. The respondent has failed to remedy the breach identified in that notice.

Accordingly, I order that the tenancy will terminate on Sunday, 28 June 2026, unless, before that date, the respondent contacts Kāinga Ora and arranges a joint inspection that satisfies Kāinga Ora that he is residing at the property.

Order

Reasons

Both parties attended the hearing. However, during the course of the hearing, the respondent abruptly disconnected the call and did not answer when contacted again.

Tenancy Tribunal case 5518630 — 14-day notice at 14C Hewer Crescent, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5518630 — 14-day notice at 14C Hewer Crescent, Naenae, Lower Hutt 5011

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions