What was Tenancy Tribunal case 4680449 about?

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

How much money was awarded in case 4680449?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4680449?

The dispute type was not classified.

Where can I read the official tribunal order for case 4680449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9527146-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4680449 about?

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

How much money was awarded in case 4680449?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4680449?

The dispute type was not classified.

Where can I read the official tribunal order for case 4680449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9527146-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4680449 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing by phone.

The landlord has applied to the Tribunal for possession of the property following a notice to terminate. The landlord intends selling the property.

The landlord’s evidence includes a letter to the tenant dated 10 June 2023 giving 3 months notice of termination. The landlord said that he put the letterbox at the tenancy address. He said that he texted the tenant to tell her it was there. He could not find the text.

The tenant stated that she did not receive the letter dated 13 June 2023 and did not receive a text about the letter being on the letterbox. She said the first she knew of the landlord’s intention to sell was when she received his letter dated 10 September. She received a text regarding that letter. That letter reminded her that termination would be on 21 September 2023. She said that after receiving the September letter she had a meeting with the landlord and he agreed that she could stay until February 2024. The landlord disputed that he agreed to a different date of termination.

Was the tenant served with a notice of termination?

Under section 136(1)(c) of the Residential Tenancies Act 1986 (RTA) a notice can be served by placing it in the mailbox. It is the landlord’s burden to prove that service was completed. Section 136(7) states that service is proved if it is proved that the letter was properly addressed and delivered. From the evidence provided, the landlord has been unable to prove service.

The letter dated 10 September 2023, reminding the tenant of termination on 21 September 2023, is not a termination notice.

I have also considered whether the parties agreed to a termination in February 2024. There is insufficient evidence to prove that.

In summary, there is insufficient evidence to prove that the landlord issued the tenant with a notice of termination. The landlord can issue a termination notice and will need to make sure there is proof of service. Suppression

The Tribunal may on its own initiative, order that the name or any identifying particulars of any party not be published. In this case the tenant has wholly succeeded in the proceeding, and it is therefore appropriate to suppress her name. (s 95(4) RTA).

Reasons

Both parties attended the hearing by phone.

The landlord has applied to the Tribunal for possession of the property following a notice to terminate. The landlord intends selling the property.

Was the tenant served with a notice of termination?

The letter dated 10 September 2023, reminding the tenant of termination on 21 September 2023, is not a termination notice.

I have also considered whether the parties agreed to a termination in February 2024. There is insufficient evidence to prove that.

Tenancy Tribunal case 4680449 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4680449 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Was the tenant served with a notice of termination?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Was the tenant served with a notice of termination?

Topics & place

Residential Tenancies Act sections

Frequently asked questions