How much money was awarded in case 4631290?

The reconciled net award was $20.44.

What type of tenancy dispute was case 4631290?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4631290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9297645-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4631290?

The reconciled net award was $20.44.

What type of tenancy dispute was case 4631290?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4631290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9297645-Tribunal_Order_Redacted.pdf.

35 Tripoli Road, Panmure, Auckland 1072 Tenancy Tribunal Case 4631290 — 14-day notice

Q: What was Tenancy Tribunal case 4631290 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 tenancy of [The tenant/s] at 35 Tripoli Road, Panmure, Auckland 1072 is terminated, and possession is granted to [The landlord/s], immediately.

[The tenant/s] must pay [The landlord/s] $20.44 immediately, being the filing application fee.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord may dispose of any abandoned goods as it sees fit.

Reasons

Both parties attended the hearing, conducted via teleconference.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, and for an order for the disposal of goods.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by not living at the premises.

The landlord served a 14-day notice on the tenant on 22 May 2023 and again on 12 June 2023], and the tenant did not remedy the breach within the required period.

The tenant acknowledged he is not living there. He advised a prior notice to end the tenancy had been sent by him to the landlord some weeks back. Regardless, the immediate return of possession was not disputed.

The tenant also stated he has no items or goods left at the premises that he wants and said the landlord can dispose of anything there as it sees fit.

As it is not practicable for the landlord to the return the goods to the tenant and the value of the goods is below the cost of storing, transporting and selling them, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Application filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression and as it has been wholly successful in these proceedings suppression is ordered.

This was a long tenancy. There were unfortunate incidents at the start of this year that caused the tenant and family loss and concern. It is unfortunate it has taken this long to resolve the possession issue but, after hearing from the landlord on the tenancy overall, I have exercised my discretion to also suppression the tenant’s details given the circumstances.

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 tenancy of [The tenant/s] at 35 Tripoli Road, Panmure, Auckland 1072 is terminated, and possession is granted to [The landlord/s], immediately.
[The tenant/s] must pay [The landlord/s] $20.44 immediately, being the filing application fee.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord may dispose of any abandoned goods as it sees fit.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, and for an order for the disposal of goods.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by not living at the premises.
The landlord served a 14-day notice on the tenant on 22 May 2023 and again on 12 June 2023], and the tenant did not remedy the breach within the required period.
The tenant acknowledged he is not living there. He advised a prior notice to end the tenancy had been sent by him to the landlord some weeks back. Regardless, the immediate return of possession was not disputed.
The tenant also stated he has no items or goods left at the premises that he wants and said the landlord can dispose of anything there as it sees fit.
As it is not practicable for the landlord to the return the goods to the tenant and the value of the goods is below the cost of storing, transporting and selling them, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Application filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression and as it has been wholly successful in these proceedings suppression is ordered.
This was a long tenancy. There were unfortunate incidents at the start of this year that caused the tenant and family loss and concern. It is unfortunate it has taken this long to resolve the possession issue but, after hearing from the landlord on the tenancy overall, I have exercised my discretion to also suppression the tenant’s details given the circumstances.

Tenancy Tribunal case 4631290 — 14-day notice at 35 Tripoli Road, Panmure, Auckland 1072

At a glance

Tenancy Tribunal case 4631290 — 14-day notice at 35 Tripoli Road, Panmure, Auckland 1072

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions