What was Tenancy Tribunal case 4608464 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4608464?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4608464?

The dispute type was not classified.

Where can I read the official tribunal order for case 4608464?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9542013-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4608464 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4608464?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4608464?

The dispute type was not classified.

Where can I read the official tribunal order for case 4608464?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9542013-Tenancy_Tribunal_Order.pdf.

9 Bettina Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4608464 — Tenancy dispute

Tenantcheck Insights

Reasons

Mr Wilcock appeared as the agent for the landlord.

The tenant, Ms [The tenant/s], did not appear.

The tenancy commenced on 19 May 2017 and ended on 16 June 2022.

The application before me was filed more than two months after the end of the tenancy so the usual service rules no longer apply.

The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).

The application has not been served in accordance with these requirements.

The hearing cannot proceed until effective service has taken place.

The landlord provided me with an email from the “previous” tenant, Mr Hiriwa- Waikato, informing the landlord of his current address for both of us in Manurewa. The email from Mr Hiriwa-Waikato was dated 15 June 2023. The landlord filed the present application on 16 June 2023.

I chose not to disclose the address stated in Mr Hiriwa-Waikato’s email to Mr Wilcock for privacy reasons.

I told Mr Wilcock that Mr Hiriwa-Waikato was discharged by consent as a tenant on 24 September 2018, and therefore Mr Hiriwa-Waikato was not a “tenant” under the tenancy agreement.

Additionally, it is unclear to me what Mr Hiriwa-Waikato referred to when he said his current address “for both us” is in Manurewa.

Section 91A RTA is specific on how a tenant must be served of the application if the landlord applies with the Tribunal more than two months after the termination of the tenancy.

Mr Wilcock acknowledged the difficulty he encountered today and decided to withdraw the application.

I encouraged Mr Wilcock to go through section 91A(2) RTA carefully to satisfy the Tribunal if he decides to file a new application.

Reasons