What was Tenancy Tribunal case 4661356 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 4661356?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4661356?

The dispute type was not classified.

Where can I read the official tribunal order for case 4661356?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510310-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4661356 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 4661356?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4661356?

The dispute type was not classified.

Where can I read the official tribunal order for case 4661356?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510310-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4661356 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing. The landlord has applied for possession of the premises (s 64 Residential Tenancies Act 1986 (RTA)).

Section 64, RTA provides on the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person.

The landlord seeks possession based on a 63 notice to terminate the tenancy dated 18 August 2023. In the notice the landlord relies on s 51(1)(a), RTA, the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family. One of the landlords says he intends to move in indefinitely.

The notice relied upon by the landlord means that the last day of the tenancy is 20 October 2023. Today is 10 October 2023. The tenancy has not yet terminated. The tenants are still entitled to be in possession of the property. The landlord is not presently entitled to a possession order.

Therefore, I dismiss the landlord’s application for a possession order.

Although it does not impact on my decision, I record that the tenants say they do intend on leaving.

Both parties sought name suppression. 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 (s 95A, Residential Tenancies Act 1986).

I award the tenants name suppression as they are the successful party. I decline to award the landlords name suppression. They were not successful and the grounds for suppressing the landlords’ name are not made out. The interests of open justice and the public interest outweigh the case for suppression.

Reasons

Both parties attended the hearing. The landlord has applied for possession of the premises (s 64 Residential Tenancies Act 1986 (RTA)).

Therefore, I dismiss the landlord’s application for a possession order.

Although it does not impact on my decision, I record that the tenants say they do intend on leaving.

Tenancy Tribunal case 4661356 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4661356 — 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