What was Tenancy Tribunal case 4603450 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details.

How much money was awarded in case 4603450?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4603450?

The dispute type was not classified.

Where can I read the official tribunal order for case 4603450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9273901-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4603450 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details.

How much money was awarded in case 4603450?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4603450?

The dispute type was not classified.

Where can I read the official tribunal order for case 4603450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9273901-Tribunal_Order_Redacted.pdf.

804 Churchill Street, Akina, Hastings 4122 Tenancy Tribunal Case 4603450 — Tenancy dispute

Order

The Tribunal orders suppression of the Tenant’s name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy on the basis that a 90 day notice dated 14 December 2022 to end a periodic tenancy pursuant to section 51(2) of the Residential Tenancies Act 1986 (the RTA) has expired.
In issuing the notice, the landlord relies on section 51(2)(f), which provides that a landlord may end a periodic tenancy by giving at least 90 days notice if-: (f) extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and— (i) it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and (ii) the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date. Facts
The tenant lives in the property with [redacted]. He moved to the property, located in [City], from [redacted].
He claims that the tenancy is a fixed term tenancy commencing on 28 November 2022 and expiring on 28 February 2023. He says that he would not have moved into the premises had he not been able to secure a fixed term for that period of time. He claims that the landlord was aware of his need for a fixed term, verbally reassuring him that if he was not able to find another house at the end of the three months that there could be a “renegotiation”.
Clause 2 of the tenancy agreement requires the strikeout of one of two options, the first being to record that “This as a periodic tenancy...” and the second being to record “this tenancy is for a fixed term, ending on the 28 day of February 2023”. Neither option has been struck out.
The tenant claims that after raising issues with the landlord, the landlord issued the 90 day termination notice. The notice stated that it served as notice to terminate the “periodic agreement” at the above address. It gave the last day of the tenancy as 15/3/23.
The notice claimed that: Extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and it would not be reasonably practicable for the tenant to live there while the work is being done. The work must begin, or material steps towards it are to be taken, within 90 days after the termination date (as above). Analysis
As referred to above, a landlord wanting to rely on section 51(2)(f) of the RTA must first prove that the relevant tenancy is a periodic tenancy. They must then prove that: (a) extensive alterations, refurbishment, repairs or redevelopment of the premises are to be carried out by the landlord, (b) it would not be reasonably practicable for the tenant to remain inoccupation while the work is undertaken, and (c) work is to begin or material steps towards it are to be taken within 90 days after the termination date.
The landlord has failed to prove that this was a periodic tenancy and so the notice is invalid on that ground alone. I consider I do not need to go on to deal with any of the other grounds. I accept the tenant’s evidence that he was verbally told that this would be a fixed term tenancy of three months. That evidence is corroborated by the agreement itself which, although not striking out either of the two options clearly records the expiry date of the fixed term.
The application is dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy on the basis that a 90 day notice dated 14 December 2022 to end a periodic tenancy pursuant to section 51(2) of the Residential Tenancies Act 1986 (the RTA) has expired.

In issuing the notice, the landlord relies on section 51(2)(f), which provides that a landlord may end a periodic tenancy by giving at least 90 days notice if-: (f) extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and— (i) it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and (ii) the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date. Facts

The tenant lives in the property with [redacted]. He moved to the property, located in [City], from [redacted].

He claims that the tenancy is a fixed term tenancy commencing on 28 November 2022 and expiring on 28 February 2023. He says that he would not have moved into the premises had he not been able to secure a fixed term for that period of time. He claims that the landlord was aware of his need for a fixed term, verbally reassuring him that if he was not able to find another house at the end of the three months that there could be a “renegotiation”.

Clause 2 of the tenancy agreement requires the strikeout of one of two options, the first being to record that “This as a periodic tenancy...” and the second being to record “this tenancy is for a fixed term, ending on the 28 day of February 2023”. Neither option has been struck out.

The tenant claims that after raising issues with the landlord, the landlord issued the 90 day termination notice. The notice stated that it served as notice to terminate the “periodic agreement” at the above address. It gave the last day of the tenancy as 15/3/23.

The notice claimed that: Extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and it would not be reasonably practicable for the tenant to live there while the work is being done. The work must begin, or material steps towards it are to be taken, within 90 days after the termination date (as above). Analysis

As referred to above, a landlord wanting to rely on section 51(2)(f) of the RTA must first prove that the relevant tenancy is a periodic tenancy. They must then prove that: (a) extensive alterations, refurbishment, repairs or redevelopment of the premises are to be carried out by the landlord, (b) it would not be reasonably practicable for the tenant to remain inoccupation while the work is undertaken, and (c) work is to begin or material steps towards it are to be taken within 90 days after the termination date.

The landlord has failed to prove that this was a periodic tenancy and so the notice is invalid on that ground alone. I consider I do not need to go on to deal with any of the other grounds. I accept the tenant’s evidence that he was verbally told that this would be a fixed term tenancy of three months. That evidence is corroborated by the agreement itself which, although not striking out either of the two options clearly records the expiry date of the fixed term.

The application is dismissed.

Tenancy Tribunal case 4603450 — Tenancy dispute at 804 Churchill Street, Akina, Hastings 4122

At a glance

Claims & awards

Tenancy Tribunal case 4603450 — Tenancy dispute at 804 Churchill Street, Akina, Hastings 4122

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