How much money was awarded in case 4570929?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4570929?

The dispute type was not classified.

Where can I read the official tribunal order for case 4570929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9475399-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4570929?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4570929?

The dispute type was not classified.

Where can I read the official tribunal order for case 4570929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9475399-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4570929 — Tenancy dispute

Q: What was Tenancy Tribunal case 4570929 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 Tenant and Landlord name and identifying details.
The tenant, [Tenant 1], gave notice to end the tenancy on 30 March 2023 pursuant to section 56B. [Tenant 1] is deemed to have withdrawn from the tenancy on 1 April 2023 and section 56B(3) applies in respect of the tenant [Tenant 2].
The hearing is adjourned.
A further 120 minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.

Reasons

Both parties attended the hearing. The tenant, [Tenant 1] was represented by counsel. Although prior approval for counsel to act was not sought the right of audience was granted pursuant to section 93(3) Residential Tenancies Act 1986.
[Tenant 1] did not have authority to represent [Tenant 2]. It is not clear that [Tenant 2] had notice of the hearing. The application does not have any contact details for [Tenant 2] other than the tenancy address and the evidence is that she did not live at the address. Background
This is a long-term tenancy which began on 9 August 2013.
[Tenant 2] is the mother of [Tenant 1]’s ex-partner. I am told that she was named as a tenant because the ex-partner may not have been approved as a tenant. While [Tenant 2] may not have lived at the premises, the tenancy agreement is a legal document and [Tenant 2] is a tenant. Termination
On 30 March 2023 [Tenant 1] provided written notice of her intent to terminate the tenancy relying on section 56B Residential Tenancies Act 1986 which provides that: (1) A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a) the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and (b) the notice is in the approved form and includes the prescribed information.
As evidence the tenant provided the landlord with a copy of a Protection Order. The notice was accepted by the landlord.
According to section 56B(3)(a) if there are other tenants under the tenancy at the time of the withdrawal, the tenant withdrawing from the tenancy ceases to be responsible to the landlord for obligations under the tenancy agreement and this Act, except in respect of any liability for anything done or omitted to be done before the withdrawal.
I have determined that the notice given by [Tenant 1] and accepted by the landlord meant that her obligations under the tenancy agreement and the Act ceased on 1 April 2023.
The claims brought by the landlord apply to the period after [Tenant 1]’s withdrawal.
While [Tenant 1]’s obligations ceased, [Tenant 2]’, as the remaining tenant, did not. Service
While [Tenant 2]’ obligations continued there is no evidence that she has notice of this hearing or the application.
If the landlord seeks to pursue the application against [Tenant 2] it is directed that she is served in accordance with section 91A(2) Residential Tenancies Act 1986.
If the landlord does not seek to pursue the application against [Tenant 2] the application should be withdrawn accordingly.
The proceedings are adjourned to a further hearing of two hours on a date to be allocated. The hearing will consider the landlord’s application together with release of the remaining bond of $75.00.
The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
The names of the parties are suppressed in accordance with section 95A(4) Residential Tenancies Act 1986.

Order

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

The tenant, [Tenant 1], gave notice to end the tenancy on 30 March 2023 pursuant to section 56B. [Tenant 1] is deemed to have withdrawn from the tenancy on 1 April 2023 and section 56B(3) applies in respect of the tenant [Tenant 2].

The hearing is adjourned.

A further 120 minutes should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.

Reasons

Both parties attended the hearing. The tenant, [Tenant 1] was represented by counsel. Although prior approval for counsel to act was not sought the right of audience was granted pursuant to section 93(3) Residential Tenancies Act 1986.

[Tenant 1] did not have authority to represent [Tenant 2]. It is not clear that [Tenant 2] had notice of the hearing. The application does not have any contact details for [Tenant 2] other than the tenancy address and the evidence is that she did not live at the address. Background

This is a long-term tenancy which began on 9 August 2013.

[Tenant 2] is the mother of [Tenant 1]’s ex-partner. I am told that she was named as a tenant because the ex-partner may not have been approved as a tenant. While [Tenant 2] may not have lived at the premises, the tenancy agreement is a legal document and [Tenant 2] is a tenant. Termination

On 30 March 2023 [Tenant 1] provided written notice of her intent to terminate the tenancy relying on section 56B Residential Tenancies Act 1986 which provides that: (1) A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a) the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and (b) the notice is in the approved form and includes the prescribed information.

As evidence the tenant provided the landlord with a copy of a Protection Order. The notice was accepted by the landlord.

According to section 56B(3)(a) if there are other tenants under the tenancy at the time of the withdrawal, the tenant withdrawing from the tenancy ceases to be responsible to the landlord for obligations under the tenancy agreement and this Act, except in respect of any liability for anything done or omitted to be done before the withdrawal.

I have determined that the notice given by [Tenant 1] and accepted by the landlord meant that her obligations under the tenancy agreement and the Act ceased on 1 April 2023.

The claims brought by the landlord apply to the period after [Tenant 1]’s withdrawal.

While [Tenant 1]’s obligations ceased, [Tenant 2]’, as the remaining tenant, did not. Service

While [Tenant 2]’ obligations continued there is no evidence that she has notice of this hearing or the application.

If the landlord seeks to pursue the application against [Tenant 2] it is directed that she is served in accordance with section 91A(2) Residential Tenancies Act 1986.

If the landlord does not seek to pursue the application against [Tenant 2] the application should be withdrawn accordingly.

The proceedings are adjourned to a further hearing of two hours on a date to be allocated. The hearing will consider the landlord’s application together with release of the remaining bond of $75.00.

The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.

The names of the parties are suppressed in accordance with section 95A(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 4570929 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4570929 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions