How much money was awarded in case 4550034?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4550034?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4550034?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8940070-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4550034?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4550034?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4550034?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8940070-Tribunal_Order_Redacted.pdf.

1 Carbisdale Road, Flat Bush, Auckland 2016 Tenancy Tribunal Case 4550034 — Rent arrears

Q: What was Tenancy Tribunal case 4550034 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

[The landlord/s] is granted possession of the premises at 1 Carbisdale Road, Flat Bush, Auckland 2016 immediately.

The remainder of the landlord’s claims are withdrawn.

Reasons

Only the landlord attended the hearing, accompanied by his wife.

There was no appearance by the tenant. I am satisfied that she was aware of the time and date of the hearing therefore the hearing proceeded in her absence.

As a preliminary matter, I have amended the application to remove the name of Ryan Crocker as a tenant.

Although he was named on the tenancy agreement, he did not sign that agreement nor has the landlord ever met him or communicated with him. I am not satisfied that he is a legal tenant. This order therefore is made against Zhao Na only.

The landlord has applied for possession of the premises. However, the basis on which the tenancy ended has been rather confusing.

This was originally an application for termination, rent arrears and exemplary damages.

The basis for the termination and possession application was said to be due to abandonment. An expedited abandonment process was refused on 27 April 2023. However, evidence provided by the landlord also suggested that the tenant, or the landlord, or both, gave notice to end the tenancy and that the tenant has vacated the premises.

There was a rent summary provided that was insufficient and not provided in a format readily understandable to the Tribunal. There was limited evidence as to why exemplary damages were said to be justified.

Because of this confusion, I considered adjourning the hearing part-heard to allow the landlord an opportunity to provide the relevant evidence.

However, the landlord indicated that he just wanted possession of the premises and provided that was granted he did not wish to pursue the remainder of the claims.

Section 64 of the Residential Tenancies Act 1986 (“the Act”) provides that: 64 Possession orders (1) Subject to subsection (2), on the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person. (2) No possession order may be made more than 90 days after the date of the termination of the tenancy.

I would not have been able to find that the premises have been abandoned in light of the evidence of notice being given by both parties. However, I do not need to make a finding on that issue, because either way the tenancy has come to an end, and that has occurred within the last 90 days.

I therefore simply grant the possession order under section 64(1) of the Act.

The remainder of the claims are withdrawn.

Without going into unnecessary detail, having reviewed the communications between the parties, I observe that they both appear to have a misapprehension as to their respective legal rights and obligations.

The somewhat contentious and rather messy end to the tenancy appears to have come about as a result of that misunderstanding.

For the sake of clarity and to avoid such situations in future, I strongly urge both parties to take advantage of the free and excellent resources available on the Tenancy Services website, at www.tenancy.govt.nz. J R Smith 10 May 2023

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
[The landlord/s] is granted possession of the premises at 1 Carbisdale Road, Flat Bush, Auckland 2016 immediately.
The remainder of the landlord’s claims are withdrawn.

Reasons

Only the landlord attended the hearing, accompanied by his wife.
There was no appearance by the tenant. I am satisfied that she was aware of the time and date of the hearing therefore the hearing proceeded in her absence.
As a preliminary matter, I have amended the application to remove the name of Ryan Crocker as a tenant.
Although he was named on the tenancy agreement, he did not sign that agreement nor has the landlord ever met him or communicated with him. I am not satisfied that he is a legal tenant. This order therefore is made against Zhao Na only.
The landlord has applied for possession of the premises. However, the basis on which the tenancy ended has been rather confusing.
This was originally an application for termination, rent arrears and exemplary damages.
The basis for the termination and possession application was said to be due to abandonment. An expedited abandonment process was refused on 27 April 2023. However, evidence provided by the landlord also suggested that the tenant, or the landlord, or both, gave notice to end the tenancy and that the tenant has vacated the premises.
There was a rent summary provided that was insufficient and not provided in a format readily understandable to the Tribunal. There was limited evidence as to why exemplary damages were said to be justified.
Because of this confusion, I considered adjourning the hearing part-heard to allow the landlord an opportunity to provide the relevant evidence.
However, the landlord indicated that he just wanted possession of the premises and provided that was granted he did not wish to pursue the remainder of the claims.
Section 64 of the Residential Tenancies Act 1986 (“the Act”) provides that: 64 Possession orders (1) Subject to subsection (2), on the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person. (2) No possession order may be made more than 90 days after the date of the termination of the tenancy.
I would not have been able to find that the premises have been abandoned in light of the evidence of notice being given by both parties. However, I do not need to make a finding on that issue, because either way the tenancy has come to an end, and that has occurred within the last 90 days.
I therefore simply grant the possession order under section 64(1) of the Act.
The remainder of the claims are withdrawn.
Without going into unnecessary detail, having reviewed the communications between the parties, I observe that they both appear to have a misapprehension as to their respective legal rights and obligations.
The somewhat contentious and rather messy end to the tenancy appears to have come about as a result of that misunderstanding.
For the sake of clarity and to avoid such situations in future, I strongly urge both parties to take advantage of the free and excellent resources available on the Tenancy Services website, at www.tenancy.govt.nz. J R Smith 10 May 2023

Tenancy Tribunal case 4550034 — Rent arrears at 1 Carbisdale Road, Flat Bush, Auckland 2016

At a glance

Tenancy Tribunal case 4550034 — Rent arrears at 1 Carbisdale Road, Flat Bush, Auckland 2016

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