What was Tenancy Tribunal case 4707869 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 12 Kouras Place, Flat Bush,

How much money was awarded in case 4707869?

Oscar & Seven Investments Limited Th…: $20.44 awarded to landlord

What type of tenancy dispute was case 4707869?

The dispute type was not classified.

Where can I read the official tribunal order for case 4707869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9584643-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4707869 about?

The tribunal order states: The tenancy of [The tenant/s] and [The tenant/s] at 12 Kouras Place, Flat Bush,

How much money was awarded in case 4707869?

Oscar & Seven Investments Limited Th…: $20.44 awarded to landlord

What type of tenancy dispute was case 4707869?

The dispute type was not classified.

Where can I read the official tribunal order for case 4707869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9584643-Tenancy_Tribunal_Order.pdf.

12 Kouras Place, Flat Bush, Auckland 2016 Tenancy Tribunal Case 4707869 — Tenancy dispute

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4707869. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Oscar & Seven Investments Limited the	$20.44		Oscar & Seven Investments Limited the

The tenancy of [The tenant/s] and [The tenant/s] at 12 Kouras Place, Flat Bush, Auckland 2016 has been terminated, and possession is granted to Shore Realty Limited - As Agent for Oscar & Seven Investments Limited immediately.

[The tenant/s] and [The tenant/s] must pay Shore Realty Limited - As agent for Oscar & Seven Investments Limited the $20.44 filing fee immediately.

Reasons

The hearing was conducted by telephone. Both parties attended. Ms Hu represented the landlord. Mr Tavo represented the tenants.

The landlord served a termination notice on the tenant on 6 July 2023 with a termination date of 5 October 2023. The notice was on the ground that the landlord intended selling the premises.

Mr Tavo said that he had a conversation with Ms Hu after the fixed term tenancy ended in January 2022. He said that he asked whether the tenancy could be extended, and Ms Hu said it would be. He took that to mean that the fixed term tenancy would be extended to January 2024.

Ms Hu denied that there was any agreement to extend the fixed term.

Mr Tavo’s evidence, even if accepted, would not establish that there was an extension of the fixed term. There would need to be an agreement that it was extended for a specific time or to a specific date. Otherwise, any agreement would be too uncertain.

In any case, I would not accept that there was an agreement to extend the fixed term without some written evidence to support it. If the landlord had agreed to extend the fixed term, it is virtually certain that they would have confirmed the extension in writing. This tenancy is being managed by a professional property manager and it would be usual practice to confirm such an agreement in writing. It is in the landlord’s interest to do so.

The was some discussion about the landlord’s intentions and the fact that the landlord has not yet taken any steps to put the premises on the market. Ms Hu explained that the landlord intends to carry out some renovation work on the premises and then put it on the market. She said that the landlord is committed to selling the premises and they need the money from the sale to fund medical treatment.

There is no evidence on which I could make a finding that the termination notice is invalid. It follows that the Tribunal must make an order giving possession of the premises to the landlord immediately. I understand that this will cause the tenants and their family difficulty and possibly hardship, but the Tribunal has no discretion under section 64 of the Residential Tenancies Act 1986 to do anything else. The tenants have already remained in the premises for over three weeks past the termination date.

Because Shore Realty Limited - As Agent for Oscar & Seven Investments Limited has wholly succeeded with the claim, the tenants must pay the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4707869. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Oscar & Seven Investments Limited the	$20.44		Oscar & Seven Investments Limited the

[The tenant/s] and [The tenant/s] must pay Shore Realty Limited - As agent for Oscar & Seven Investments Limited the $20.44 filing fee immediately.

Reasons

The hearing was conducted by telephone. Both parties attended. Ms Hu represented the landlord. Mr Tavo represented the tenants.

The landlord served a termination notice on the tenant on 6 July 2023 with a termination date of 5 October 2023. The notice was on the ground that the landlord intended selling the premises.

Ms Hu denied that there was any agreement to extend the fixed term.

Because Shore Realty Limited - As Agent for Oscar & Seven Investments Limited has wholly succeeded with the claim, the tenants must pay the filing fee.

Tenancy Tribunal case 4707869 — Tenancy dispute at 12 Kouras Place, Flat Bush, Auckland 2016

At a glance

Claims & awards

Tenancy Tribunal case 4707869 — Tenancy dispute at 12 Kouras Place, Flat Bush, Auckland 2016

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