How much money was awarded in case 4692609?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4692609?

The dispute type was not classified.

Where can I read the official tribunal order for case 4692609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9515976-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4692609?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4692609?

The dispute type was not classified.

Where can I read the official tribunal order for case 4692609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9515976-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 21 Vivian Street, New Plymouth, New Tenancy Tribunal Case 4692609 — Tenancy dispute

Q: What was Tenancy Tribunal case 4692609 about?

The tribunal order states: This order replaces the order TT4692609 dated 10 October 2023 and is issued

Tenantcheck Insights

Order

This order replaces the order TT4692609 dated 10 October 2023 and is issued under the High Court Rules 2016 11.10 1

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Paul Bernard McEntee at Unit/Flat Flat 2, 21 Vivian Street, New Plymouth, New Plymouth 4310 is terminated, and possession is granted to [The landlord/s], at 23:59 hours Sunday 29 October 2023.

No other orders are made.

Reasons

Both parties attended the hearing, conducted via teleconference. Ms Kellie Hodson appeared in support of the landlord. 1 High Court Rules 2016 11.10 allows for the correction of accidental slip or omission. It states:

A judgment or order may be corrected by the court or the Registrar who made it, if it— a. contains a clerical mistake or an error arising from an accidental slip or omission, whether or not made by an officer of the court; or b. is drawn up so that it does not express what was decided and intended.

The landlord has applied for possession of the premises following the termination of the tenancy.

The tenancy ended on 14 August 2023, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

This was a long tenancy that commenced in 2016. The landlord has been sympathetic to the challenges facing the tenant in moving but given the continued occupation since the termination date the landlord lodged an application for a possession order on 22 September 2023.

The moving challenges for the tenant notwithstanding, the notice to terminate conforms with the statutory requirements and there are no grounds to refuse to issue the possession order as sought.

A constructive discussion between the parties established 29 October 2023 as the last day before possession returns to the landlord. This timetabling anticipates the tenant accessing appropriate agency support. Mr McEntee accepted the offer of Ms Hodson that she directly contact the agency with the details she has to assist with the engagement process. However, this is to assist and the direct agency engagement and exit responsibility remains with Mr McEntee. I wish him luck with that.

For the avoidance of any doubt, the tenant remains liable for rent up to and including 29 October 2023, after which date possession should have returned to the landlord.

There was a brief discussion regarding the removal of the tenant’s possessions. This is best addressed as part of the exit process. Mr McEntee committed to removing all of his possessions.

The landlord waived any compensation order for the return of the application filing fee.

Order

This order replaces the order TT4692609 dated 10 October 2023 and is issued under the High Court Rules 2016 11.10 1

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

No other orders are made.

Reasons

The landlord has applied for possession of the premises following the termination of the tenancy.

The tenancy ended on 14 August 2023, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

The moving challenges for the tenant notwithstanding, the notice to terminate conforms with the statutory requirements and there are no grounds to refuse to issue the possession order as sought.

For the avoidance of any doubt, the tenant remains liable for rent up to and including 29 October 2023, after which date possession should have returned to the landlord.

There was a brief discussion regarding the removal of the tenant’s possessions. This is best addressed as part of the exit process. Mr McEntee committed to removing all of his possessions.

The landlord waived any compensation order for the return of the application filing fee.

Tenancy Tribunal case 4692609 — Tenancy dispute at Unit/Flat Flat 2, 21 Vivian Street, New Plymouth, New

At a glance

Claims & awards

Tenancy Tribunal case 4692609 — Tenancy dispute at Unit/Flat Flat 2, 21 Vivian Street, New Plymouth, New

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