What was Tenancy Tribunal case 4637030 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4637030?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4637030?

The dispute type was not classified.

Where can I read the official tribunal order for case 4637030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9320901-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4637030 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4637030?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4637030?

The dispute type was not classified.

Where can I read the official tribunal order for case 4637030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9320901-Tribunal_Order_Redacted.pdf.

Unit/Flat 1028, 21 Whitaker Place, Grafton, Auckland 1010, Tenancy Tribunal Case 4637030 — Tenancy dispute

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has made an application to the Tribunal seeking an order for the tenant to quit the premises following the expiry of a notice of termination.
I am dismissing the landlord’s application because each of the notices of termination he provided as evidence were defective. A hand delivered notice dated 12 February 2023 gave 90 days’ notice due to expire on 12 May 2023. However the tenant has a fixed term tenancy due to expire on 22 July 2022.
I also saw a subsequent notice dated 6 May 2023 purportedly giving 90 days’ notice of termination. However, the expiry date of the notice was given as 22 July 2023 – just 77 days rather than the required 90 days.
The landlord also said he gave another 90 day notice dated 12 May 2023, again giving 22 July 2023 as the end date of the tenancy. That notice also suffers from the same defect as described above – it is not 90 days between 12 May 2023 and 22 July 2023.
These notices gave the reason for the 90 day notice of termination as being because the landlord wished to do extensive alteration, refurbishment, repair, or redevelopment of the premises and it would not be reasonably practicable for the tenant to remain in occupation while the work was undertaken and the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date – s51(2)(f) Residential Tenancies Act 1986
I note that there is no evidence provided of the repairs/refurbishment being undertaken or arranged to be undertaken.
With regard to the suppression of parties’ names s95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the 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. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order 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.
I am ordering the suppression of the tenant’s name because he applied for it and was successful in the proceedings – s95A(3).
I am not ordering suppression of the applicant’s name because although he has applied for it, he was not successful in his claim. I am not using my discretion to order suppression under s95(A)(1) because the applicant did not advance any particular reason for suppression and I consider there is a public interest in tenants being aware of landlords who do not abide by their obligations under the Act. C ter Haar 21 August 2023

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has made an application to the Tribunal seeking an order for the tenant to quit the premises following the expiry of a notice of termination.

I am dismissing the landlord’s application because each of the notices of termination he provided as evidence were defective. A hand delivered notice dated 12 February 2023 gave 90 days’ notice due to expire on 12 May 2023. However the tenant has a fixed term tenancy due to expire on 22 July 2022.

I also saw a subsequent notice dated 6 May 2023 purportedly giving 90 days’ notice of termination. However, the expiry date of the notice was given as 22 July 2023 – just 77 days rather than the required 90 days.

The landlord also said he gave another 90 day notice dated 12 May 2023, again giving 22 July 2023 as the end date of the tenancy. That notice also suffers from the same defect as described above – it is not 90 days between 12 May 2023 and 22 July 2023.

These notices gave the reason for the 90 day notice of termination as being because the landlord wished to do extensive alteration, refurbishment, repair, or redevelopment of the premises and it would not be reasonably practicable for the tenant to remain in occupation while the work was undertaken and the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date – s51(2)(f) Residential Tenancies Act 1986

I note that there is no evidence provided of the repairs/refurbishment being undertaken or arranged to be undertaken.

With regard to the suppression of parties’ names s95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the 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. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order 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.

I am ordering the suppression of the tenant’s name because he applied for it and was successful in the proceedings – s95A(3).

I am not ordering suppression of the applicant’s name because although he has applied for it, he was not successful in his claim. I am not using my discretion to order suppression under s95(A)(1) because the applicant did not advance any particular reason for suppression and I consider there is a public interest in tenants being aware of landlords who do not abide by their obligations under the Act. C ter Haar 21 August 2023

Tenancy Tribunal case 4637030 — Tenancy dispute at Unit/Flat 1028, 21 Whitaker Place, Grafton, Auckland 1010,

At a glance

Claims & awards

Tenancy Tribunal case 4637030 — Tenancy dispute at Unit/Flat 1028, 21 Whitaker Place, Grafton, Auckland 1010,

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