How much money was awarded in case 4758505?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758505?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4758505?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9876014-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4758505?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758505?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4758505?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9876014-Tenancy_Tribunal_Order.pdf.

20 Hinekohu Street, New Lynn, Auckland 0600 Tenancy Tribunal Case 4758505 — Rent arrears

Q: What was Tenancy Tribunal case 4758505 about?

The tribunal order states: No application for suppression has been made in this case and no suppression

Tenantcheck Insights

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The landlord’s application for rent arrears is dismissed.

The tenancy of [The tenant/s] at 20 Hinekohu Street, New Lynn, Auckland 0600 is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 31 st January 2024.

Reasons

Both parties attended the hearing.

The landlord applied for rent arrears. The tenant said that the tenant was told to stop paying rent by the Auckland Council due to the premises being an unlawful residential premises.

The landlord accepted that there was a proceeding currently regarding the compliance status of the premises.

The Tribunal may declare premises to be unlawful residential premises. See section 77(2)(ac) Residential Tenancies Act 1986 (“RTA”). Residential premises are unlawful if they cannot be lawfully occupied for residential purposes, and the landlord has caused or contributed to the unlawful occupation by failing to comply with sections 36 or 45(1)(c) RTA. See section 78A(2) RTA.

Where the Tribunal declares the residential premises to be unlawful, it must not make an order for rent arrears or compensation against the tenant unless, having regard to the special circumstances of the case, it would be unjust not to make the order. The Tribunal may order the return of all rent paid by the tenant, although it may deduct an amount from that sum if, in the special circumstances of the case, it would be fair to do so. The Tribunal may also make a work order requiring the landlord to remove any impediment to lawful occupation or to comply with any building, health or safety requirements. The Tribunal may make any of these orders on its own initiative, even if the tenant has not applied for a particular order. See sections 78A(3)(a), (4) and (5) RTA.

If the landlord has applied for termination for rent arrears, and the Tribunal declares the residential tenancy to be unlawful, the Tribunal may order termination, but it is not required to do so. See section 78A(3)(b) RTA.

Having seen the landlord’s own emails regarding the proceeding to make the premises compliant, I declare the premises is currently unlawful.

The tenant said that the tenant has already put in a civil claim against the landlord in the District Court for refund of the rent paid so far. Therefore, I simply leave that matter to run its own course.

I find that there are no special circumstances that would make it just to order the tenant to pay rent arrears. Therefore, I dismiss the landlord’s application for rent arrears.

As the premises cannot be legal inhabited currently, I order that the tenancy of [The tenant/s] to be terminated at 5:00 pm on Wednesday 31 st January 2024.

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The landlord’s application for rent arrears is dismissed.

The tenancy of [The tenant/s] at 20 Hinekohu Street, New Lynn, Auckland 0600 is terminated, and possession is granted to [The landlord/s], at 5:00 pm on Wednesday 31 st January 2024.

Reasons

Both parties attended the hearing.

The landlord applied for rent arrears. The tenant said that the tenant was told to stop paying rent by the Auckland Council due to the premises being an unlawful residential premises.

The landlord accepted that there was a proceeding currently regarding the compliance status of the premises.

Having seen the landlord’s own emails regarding the proceeding to make the premises compliant, I declare the premises is currently unlawful.

I find that there are no special circumstances that would make it just to order the tenant to pay rent arrears. Therefore, I dismiss the landlord’s application for rent arrears.

As the premises cannot be legal inhabited currently, I order that the tenancy of [The tenant/s] to be terminated at 5:00 pm on Wednesday 31 st January 2024.

Tenancy Tribunal case 4758505 — Rent arrears at 20 Hinekohu Street, New Lynn, Auckland 0600

At a glance

Claims & awards

Tenancy Tribunal case 4758505 — Rent arrears at 20 Hinekohu Street, New Lynn, Auckland 0600

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions