What was Tenancy Tribunal case 4654384 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s names and identifying details.

How much money was awarded in case 4654384?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4654384?

The dispute type was not classified.

Where can I read the official tribunal order for case 4654384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9386160-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4654384 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s names and identifying details.

How much money was awarded in case 4654384?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4654384?

The dispute type was not classified.

Where can I read the official tribunal order for case 4654384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9386160-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4654384 — Tenancy dispute

Tenantcheck Insights

Reasons

Only the landlord attended the hearing, represented by Mr Durakovic and Ms Stuart. The tenants did not attend.

The landlord seeks an order terminating the tenancy on the basis that the tenants are using an illicit substance in the tenancy (smoking cannabis) in breach of their tenancy agreement.

The landlord, as the applicant, must prove all elements of the claim on the balance of probabilities; i.e., more probable than not.

In T v M [1984] 2 NZFLR, the Court of Appeal confirmed that, while ‘balance of probabilities’ is a constant standard: “It is the principle of good common sense that the more serious the issue the greater should be the care used in assessing it”.

The landlord inspected the property on 19 June 2023. The inspection report includes the following notes: a. Kitchen/dining - “Bong found under sink and smells like cannabis” (attaching a photo) b. Bedroom 1 – “...strong smell of cannabis from room”

The landlord issued a 14-day notice on 21 June 2023 to remedy various breaches including “Illegal substances being used on the property”.

The landlord re-inspected the property on 20 July 2023.

The inspection report on 20 July 2023 recorded a strong smell of cannabis in both bedrooms, but also that a woman present had been questioned who advised that she does not smoke cannabis in the bedroom. There was no bong found at the second inspection.

The landlord seeks termination of the tenancy, which is a serious sanction. I have considered the evidence carefully and do not consider that the evidence produced by the landlord is sufficient to prove the claim, particularly when the person questioned has denied using cannabis in the property.

I understand from the landlord that they have had difficulty contacting the tenants to discuss their concerns. I also note that neither tenant appeared at the hearing today. I encourage both parties to keep in contact so that if further issues arise they might be resolved informally rather than through the Tribunal process.

As the landlord’s claim is not proven, I have suppressed the tenant’s names pursuant to Section 95A of the Residential Tenancies Act 1986.

Reasons

Only the landlord attended the hearing, represented by Mr Durakovic and Ms Stuart. The tenants did not attend.

The landlord seeks an order terminating the tenancy on the basis that the tenants are using an illicit substance in the tenancy (smoking cannabis) in breach of their tenancy agreement.

The landlord, as the applicant, must prove all elements of the claim on the balance of probabilities; i.e., more probable than not.

The landlord issued a 14-day notice on 21 June 2023 to remedy various breaches including “Illegal substances being used on the property”.

The landlord re-inspected the property on 20 July 2023.

As the landlord’s claim is not proven, I have suppressed the tenant’s names pursuant to Section 95A of the Residential Tenancies Act 1986.

Tenancy Tribunal case 4654384 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4654384 — Tenancy dispute

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