Tenancy Terminated Due to Repeated Breaches

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[2025] NZTT 5120049

TENANCY TRIBUNAL - Remote Location

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], Riverside Apartments

ORDER

1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE], Riverside Apartments is terminated, and possession is granted to [COMPANY], immediately.

Reasons:

1. [NAME], representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 893, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.

2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

3. 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.

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4. 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.

5. The landlord said the tenant has breached their obligations by not living at the property and sub-letting the property, both of which breach terms of the Tenancy Agreement. The landlord indicated they conducted a routine inspection report at the property on 20 September 2024 and the tenant was not there. The last time the tenant had been present at an inspection by the landlord was on 13 June 2024. The landlord became aware that the tenant was living with his partner, who lived in another property owned by the landlord.

6. The landlord served a 14-day notice on the tenant on 2 October 2024, and the tenant did not remedy the breach within the required period.

7. The landlord inspected the property on 22 October 2024, as indicated in the 14- day notice of 2 October 2024 sent to the tenant, and found the property in poor condition, with the power turned off. The landlord believed the property had been taken over by squatters, given its dirty condition.

8. The landlord met with the tenant at his partner’s property on 14 November 2024 to let him know he had to return to live at his property or they would apply to the Tribunal to terminate his tenancy.

9. The landlord’s housing manager was in the property’s environment in early February 2025 and met an unknown male, who told him he was the new tenant at the property, and asked him for the ICP number to get the power turned on. The housing manager then noticed that there had been a request made for new keys for the property. The housing manager said the unknown male now living at the property told him the tenant had told him he owned this property and another one and could rent it to him. The housing manager told the unknown male at the property that the tenant was renting the property and did not own it and he must sort out the situation with the tenant directly. The landlord visited the property again on 13 February 2025 when the unknown male living at the property let them in and allowed them to take photographs of the property. The property still did not have any power turned on.

10. The landlord provided inspection reports dated 22 October 2024 and 13 February 2025, with photographs, which showed the condition of the property. The inspection report dated 22 October 2024 showed the property’s poor condition with rubbish and clothing strewn throughout the property and rotting food on the kitchen bench. The inspection report date 13 February 2025 showed a somewhat tidier property, with clear photographs of a bed and bedding at the property.

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11. The landlord said they had made many attempts to contact the tenant to discuss the situation and give him an opportunity to return to live in the property and retain the tenancy, without response.

12. I accept the landlord’s evidence that they had made multiple attempts to contact the tenant to discuss why he is not living at the property, without response, and more recently, why he has sub-let the property without their consent. I find that the inspection reports and photographs of the property likely support the landlord’s contention that squatters initially took over the property and then the tenant sub-let to another male, and thus the tenant has failed to comply with the 14-day notice sent to him by the landlord to return to live in the property.

13. It would be inequitable to refuse to terminate the tenancy because the tenant has been given many opportunities to rectify the situation and return to live at the property, but has not responded to the landlord, nor has he complied with this request. For the tenant to go on to sub-let the property to somebody else recently, further breaching that term of the Tenancy Agreement not to do so, makes it clear the tenant has no intention of returning to live at the property. There is a high demand and a waiting list for social housing and this property could be made available to somebody in need of this housing.

[NAME]

18 February 2025

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: