What was Tenancy Tribunal case 4638151 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 4638151?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4638151?

The dispute type was not classified.

Where can I read the official tribunal order for case 4638151?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9548799-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4638151 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 4638151?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4638151?

The dispute type was not classified.

Where can I read the official tribunal order for case 4638151?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9548799-Tenancy_Tribunal_Order.pdf.

4C Sheriff Place, Randwick Park, Auckland 2105 Tenancy Tribunal Case 4638151 — Tenancy dispute

Order

An application for suppression has been made in this case, and the Tribunal does not order suppression of the Tenant’s name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing. The Property Manager, Mr Pilani attended on behalf of Compass Property Management Limited. The Owner, Mr [The landlord/s] was in Australia and did not make arrangements prior to the hearing to attend by telephone. At the hearing, the Tribunal sent a link for Mr Singh to attend via Microsoft teams however he did not appear.
This was a periodic tenancy that started on 28 January 2023 and ended on 15 June 2023. On 13 April 2023, the Owner, who resides overseas, instructed the Property Manager that he intended to move back to the property and to issue a 63 day notice pursuant to section 51(1) of the Residential Tenancies Act 1986. (“RTA”) Claim for compensation
The Tenant claimed $75,000.00 in compensation because the Landlord ended the tenancy early however the Tenant, was advised by one of the Property Manager’s that it would be fine to stay for a year. The main reason for choosing this property was the Tenant’s daughter attended the local college.
The Tenant claimed the following: a) $2,000.00 for taking time off work; b) $2,000.00 for moving costs; c) $3,200.00 for the bond of the new rental property; d) $1,000.00 for fuel to travel to viewings; e) $40,000.00 for one year of rent.
Loss of income: The Tenant claimed $2,000.00 for taking at least six days off work to attend property viewings. As a result of the frequent time off, he had to resign from his job. He did not expect to be having to find a new rental property so early in the tenancy.
The Tenant did not provide proof of income, proof that he took leave from work or even a copy of the listing for the property viewings he attended.
Moving costs: The Tenant claimed he spent $2000.00 on expenses to move out which included hiring a truck from his friend and feeding his friends that helped with the move. The Tenant did not have any receipt for the truck hire or food purchased.
Bond: The Tenant claimed $3,200.00 for a whole new bond for the new rental property. They did not provide a receipt of this bond payment.
Fuel: The Tenant claimed $1000.00 for fuel to attend property viewings however no receipts or proof of mileage were provided. Listings of property viewings were also not submitted.
Rent: The Tenant claimed one years worth of rent because they expected to live at the property for at least a year. They said they told the Property Manager this was their intention and she reassured them this was fine. The Tenant did not provide a rent summary to substantiate the amount. It is noted the Tenancy was also periodic.
The Landlord in response to the Tenants claims submitted that the Owner should be liable for this compensation as they were acting on instructions as the Owners agent. The Owner told them they were moving back into the property so they issued a 63-day notice on 13 April 2023. The Tenant notified the Landlord on 22 May 2023, that people were attending the property requesting to view it. They said they were sent by the Owner. One of the viewers advised they had negotiated rent with the Owner at a higher price. The Landlord then contacted the Owner to clarify if they were moving back into the property and reminding him of his obligations. The Owner denied sending people to view the property and maintained he was moving back in.
The Landlord was subsequently advised by the Tenant that the property was sold around July 2023.The Tenant saw the sale on the Trademe website.
In considering the evidence, the Tenant is required to establish their claim to the civil law standard of proof, on the balance of probabilities. The Tenant claimed compensation for loss of income, moving expenses, the bond, fuel and one years rent. They did not provide any proof to substantiate these costs such as fuel receipts, payslips, truck hire, bond receipts.
Furthermore, the tenancy was periodic so it could be ended earlier than a year, provided the appropriate steps were taken by the Landlord in accordance with the Residential Tenancies Act 1986. The Tenant stating he expected to live in the property for one year was not binding on the Landlord because it was not a fixed term.
For these reasons, the claims by the Tenant is dismissed.
Name suppression was sought by the Tenant, however as they were not successful in their claim, this has not been granted.

Reasons

Both parties attended the hearing. The Property Manager, Mr Pilani attended on behalf of Compass Property Management Limited. The Owner, Mr [The landlord/s] was in Australia and did not make arrangements prior to the hearing to attend by telephone. At the hearing, the Tribunal sent a link for Mr Singh to attend via Microsoft teams however he did not appear.

This was a periodic tenancy that started on 28 January 2023 and ended on 15 June 2023. On 13 April 2023, the Owner, who resides overseas, instructed the Property Manager that he intended to move back to the property and to issue a 63 day notice pursuant to section 51(1) of the Residential Tenancies Act 1986. (“RTA”) Claim for compensation

The Tenant claimed $75,000.00 in compensation because the Landlord ended the tenancy early however the Tenant, was advised by one of the Property Manager’s that it would be fine to stay for a year. The main reason for choosing this property was the Tenant’s daughter attended the local college.

The Tenant claimed the following: a) $2,000.00 for taking time off work; b) $2,000.00 for moving costs; c) $3,200.00 for the bond of the new rental property; d) $1,000.00 for fuel to travel to viewings; e) $40,000.00 for one year of rent.

Loss of income: The Tenant claimed $2,000.00 for taking at least six days off work to attend property viewings. As a result of the frequent time off, he had to resign from his job. He did not expect to be having to find a new rental property so early in the tenancy.

The Tenant did not provide proof of income, proof that he took leave from work or even a copy of the listing for the property viewings he attended.

Moving costs: The Tenant claimed he spent $2000.00 on expenses to move out which included hiring a truck from his friend and feeding his friends that helped with the move. The Tenant did not have any receipt for the truck hire or food purchased.

Bond: The Tenant claimed $3,200.00 for a whole new bond for the new rental property. They did not provide a receipt of this bond payment.

Fuel: The Tenant claimed $1000.00 for fuel to attend property viewings however no receipts or proof of mileage were provided. Listings of property viewings were also not submitted.

Rent: The Tenant claimed one years worth of rent because they expected to live at the property for at least a year. They said they told the Property Manager this was their intention and she reassured them this was fine. The Tenant did not provide a rent summary to substantiate the amount. It is noted the Tenancy was also periodic.

The Landlord in response to the Tenants claims submitted that the Owner should be liable for this compensation as they were acting on instructions as the Owners agent. The Owner told them they were moving back into the property so they issued a 63-day notice on 13 April 2023. The Tenant notified the Landlord on 22 May 2023, that people were attending the property requesting to view it. They said they were sent by the Owner. One of the viewers advised they had negotiated rent with the Owner at a higher price. The Landlord then contacted the Owner to clarify if they were moving back into the property and reminding him of his obligations. The Owner denied sending people to view the property and maintained he was moving back in.

The Landlord was subsequently advised by the Tenant that the property was sold around July 2023.The Tenant saw the sale on the Trademe website.

In considering the evidence, the Tenant is required to establish their claim to the civil law standard of proof, on the balance of probabilities. The Tenant claimed compensation for loss of income, moving expenses, the bond, fuel and one years rent. They did not provide any proof to substantiate these costs such as fuel receipts, payslips, truck hire, bond receipts.

Furthermore, the tenancy was periodic so it could be ended earlier than a year, provided the appropriate steps were taken by the Landlord in accordance with the Residential Tenancies Act 1986. The Tenant stating he expected to live in the property for one year was not binding on the Landlord because it was not a fixed term.

For these reasons, the claims by the Tenant is dismissed.

Name suppression was sought by the Tenant, however as they were not successful in their claim, this has not been granted.

Tenancy Tribunal case 4638151 — Tenancy dispute at 4C Sheriff Place, Randwick Park, Auckland 2105

At a glance

Claims & awards

Tenancy Tribunal case 4638151 — Tenancy dispute at 4C Sheriff Place, Randwick Park, Auckland 2105

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions