What was Tenancy Tribunal case 4626509 about?

The published order could not be summarised from available data.

How much money was awarded in case 4626509?

Compensation: $1,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4626509?

The dispute type was not classified.

Where can I read the official tribunal order for case 4626509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9589875-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4626509 about?

The published order could not be summarised from available data.

How much money was awarded in case 4626509?

Compensation: $1,000.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4626509?

The dispute type was not classified.

Where can I read the official tribunal order for case 4626509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9589875-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4626509 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4626509 — net $1,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$1,000.00	Compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,020.44
Total payable by Landlord to Tenant	$1,020.44

Both parties attended the hearing.

The Tenant applied for compensation and reimbursement of the filing fee.

The tenancy began on 9 June 2023 and ended on 6 July 2023. At the start of the tenancy, the Tenant signed a ‘Residential Tenancy Agreement’ for a periodic tenancy. The rent included water and internet. A bond form was completed. The property was described as a granny flat that comprised part of the downstairs floor of a two-story house which the Landlord and his family resided in. Separating the main dwelling and granny flat was an internal door in the kitchen. The granny flat had its own separate entrance but did not have a separate meter to measure the electricity.

The Landlord raised at the hearing that this was a flatmate sharing arrangement and therefore Tenancy Tribunal had no jurisdiction to determine this application. Tenancy Tribunal jurisdiction

The Landlord submitted this was a flatmate arrangement where the Tenant had his own bedroom but access to the main communal kitchen. The Tenant was welcome to use the communal kitchen at any time and he had access to go through the Landlords side of the property via the internal door despite there not being a handle in the photo provided. The Landlord submitted that one of the terms of their arrangement was that if either party wished to end the tenancy early, they could provide two weeks notice to the other party.

The Tenant submitted this was a tenancy agreement and distinctly recalls the Landlord telling him he was not allowed to enter through the internal door. The Tenant denies smoking weed as well. The law

The Tribunal has jurisdiction to hear disputes between Tenants and Landlords: s 77(1) Residential Tenancies Act 1986.

In considering the evidence, I find this was a Tenancy Agreement because of the self-contained nature of the granny flat, the inability of the Tenant to enter into the Landlord’s part of the house, the Tenancy Agreement had all the typical features of a tenancy including the bond, notice periods etc and the bond was lodged with the Bond Centre.

The Landlords condition that termination could occur by providing 14 days notice is inconsistent with the termination provisions in the Residential Tenancies Act 1986 and therefore cannot be enforced. The Landlord can only terminate a tenancy pursuant to the specific grounds of the Residential Tenancies Act 1986 or if there is agreement between the parties. For this reason, the termination notice provided by the Landlord was invalid. Tenants claim for compensation

The Tenant claimed $1500.00 for the stress of having to relocate again. On 21 June 2023, the Landlord sent a text message to the Tenant advising the Landlord’s family were relocating back to New Zealand and they wanted to move in. The tenancy would therefore end on 6 July 2023.

The Tenant found it difficult to find a new place to rent so he returned to his previous rental property which was still undergoing renovations after the [City] January weather event. He used his car to move his belongings. He had to borrow bond money for the new rental from friends. He did not provide any receipts or invoices to prove his petrol costs or the time and petrol to drive to property viewings.

The Landlord submitted the reason why the Landlords family were relocating was because they had found the Tenant smoking ‘weed’ on the property. The smoke and smell permeated through the internal door. Their relatives were moving from [Country 1] because they wanted to look after the 9 month old child.

In considering the evidence, the Tenant did not provide proof of their moving costs to justify the compensation however I am satisfied the Tenant would have suffered some distress from the invalid notice they were provided to leave and the inability to find a new rental property. I find the appropriate amount to award is $1000.00.

As the Tenant has wholly succeeded with the claim, the Landlord must reimburse the filing fee and name suppression is granted.

As the Landlord was not successful, no name suppression is granted.

Claims and awards in Tenancy Tribunal application 4626509 — net $1,020.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation	$1,000.00	Compensation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,020.44
Total payable by Landlord to Tenant	$1,020.44

Reasons

Both parties attended the hearing.
The Tenant applied for compensation and reimbursement of the filing fee.
The tenancy began on 9 June 2023 and ended on 6 July 2023. At the start of the tenancy, the Tenant signed a ‘Residential Tenancy Agreement’ for a periodic tenancy. The rent included water and internet. A bond form was completed. The property was described as a granny flat that comprised part of the downstairs floor of a two-story house which the Landlord and his family resided in. Separating the main dwelling and granny flat was an internal door in the kitchen. The granny flat had its own separate entrance but did not have a separate meter to measure the electricity.
The Landlord raised at the hearing that this was a flatmate sharing arrangement and therefore Tenancy Tribunal had no jurisdiction to determine this application. Tenancy Tribunal jurisdiction
The Landlord submitted this was a flatmate arrangement where the Tenant had his own bedroom but access to the main communal kitchen. The Tenant was welcome to use the communal kitchen at any time and he had access to go through the Landlords side of the property via the internal door despite there not being a handle in the photo provided. The Landlord submitted that one of the terms of their arrangement was that if either party wished to end the tenancy early, they could provide two weeks notice to the other party.
The Tenant submitted this was a tenancy agreement and distinctly recalls the Landlord telling him he was not allowed to enter through the internal door. The Tenant denies smoking weed as well. The law
The Tribunal has jurisdiction to hear disputes between Tenants and Landlords: s 77(1) Residential Tenancies Act 1986.
In considering the evidence, I find this was a Tenancy Agreement because of the self-contained nature of the granny flat, the inability of the Tenant to enter into the Landlord’s part of the house, the Tenancy Agreement had all the typical features of a tenancy including the bond, notice periods etc and the bond was lodged with the Bond Centre.
The Landlords condition that termination could occur by providing 14 days notice is inconsistent with the termination provisions in the Residential Tenancies Act 1986 and therefore cannot be enforced. The Landlord can only terminate a tenancy pursuant to the specific grounds of the Residential Tenancies Act 1986 or if there is agreement between the parties. For this reason, the termination notice provided by the Landlord was invalid. Tenants claim for compensation
The Tenant claimed $1500.00 for the stress of having to relocate again. On 21 June 2023, the Landlord sent a text message to the Tenant advising the Landlord’s family were relocating back to New Zealand and they wanted to move in. The tenancy would therefore end on 6 July 2023.
The Tenant found it difficult to find a new place to rent so he returned to his previous rental property which was still undergoing renovations after the [City] January weather event. He used his car to move his belongings. He had to borrow bond money for the new rental from friends. He did not provide any receipts or invoices to prove his petrol costs or the time and petrol to drive to property viewings.
The Landlord submitted the reason why the Landlords family were relocating was because they had found the Tenant smoking ‘weed’ on the property. The smoke and smell permeated through the internal door. Their relatives were moving from [Country 1] because they wanted to look after the 9 month old child.
In considering the evidence, the Tenant did not provide proof of their moving costs to justify the compensation however I am satisfied the Tenant would have suffered some distress from the invalid notice they were provided to leave and the inability to find a new rental property. I find the appropriate amount to award is $1000.00.
As the Tenant has wholly succeeded with the claim, the Landlord must reimburse the filing fee and name suppression is granted.
As the Landlord was not successful, no name suppression is granted.

Tenancy Tribunal case 4626509 — Tenancy dispute

At a glance

Tenancy Tribunal case 4626509 — Tenancy dispute

At a glance

Award balance

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions