What was Tenancy Tribunal case 4766058 about?

The tribunal order states: [The landlord/s] is granted possession of the premises at [Tenancy address

How much money was awarded in case 4766058?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4766058?

The dispute type was not classified.

Where can I read the official tribunal order for case 4766058?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10182127-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4766058 about?

The tribunal order states: [The landlord/s] is granted possession of the premises at [Tenancy address

How much money was awarded in case 4766058?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4766058?

The dispute type was not classified.

Where can I read the official tribunal order for case 4766058?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10182127-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4766058 — Tenancy dispute

Tenantcheck Insights

Reasons

The landlord’s legal representative attended the telephone hearing today.

I telephoned the mobile number provided for the respondent however this was switched to voicemail at the time of the hearing. I continued the hearing as the respondent has been posted notice of the date and time of the hearing and text reminders have been sent.

The landlord has applied for termination of a tenancy at this address and a possession order.

After reviewing the Deed of Lease, I conclude that the Tenancy Tribunal does not have jurisdiction to make a termination order.

This is because the Lease (which is in the form of a commercial lease) states that the premises are for business use and, specifically, for: Storage of household or other goods, one vehicle only and under no circumstances is it to be used for residential accommodation

The stipulation that the lease is for business use only is repeated in clause 16.1.

Section 4 of the Residential Tenancies Act 1986 (RTA) says that the Act applies to “every tenancy for residential purposes”.

This is not a tenancy for residential purposes.

However, the Tribunal does have jurisdiction to make a possession order where satisfied that the premises are residential premises (the landlord says that this is a residential house) and any person is in possession of those as a squatter or trespasser; see s65 RTA.

The Deed of Lease proves that this was a monthly lease running from the 23 rd of each month and able to be terminated by either party on one calendar months’ notice.

The landlord has supplied a copy of a letter dated 21 September 2023, addressed to the tenant at this address, which gives “one calendar month’s notice” to terminate the lease.

I am satisfied that the tenant had no legal right to occupy the premises at this address described as the ‘[redacted]’, after 22 October 2023.

The landlord’s representative says that the tenant was living in the premises until recently but that it appears that he has now returned possession to the landlord by removing all belongings from the premises and returning the keys.

I have made a possession order in favour of the landlord so that the position is clear.

I suppress both parties’ names as this is not a tenancy for residential purposes.

Reasons

The landlord’s legal representative attended the telephone hearing today.

The landlord has applied for termination of a tenancy at this address and a possession order.

After reviewing the Deed of Lease, I conclude that the Tenancy Tribunal does not have jurisdiction to make a termination order.

The stipulation that the lease is for business use only is repeated in clause 16.1.

Section 4 of the Residential Tenancies Act 1986 (RTA) says that the Act applies to “every tenancy for residential purposes”.

This is not a tenancy for residential purposes.

The Deed of Lease proves that this was a monthly lease running from the 23 rd of each month and able to be terminated by either party on one calendar months’ notice.

The landlord has supplied a copy of a letter dated 21 September 2023, addressed to the tenant at this address, which gives “one calendar month’s notice” to terminate the lease.

I am satisfied that the tenant had no legal right to occupy the premises at this address described as the ‘[redacted]’, after 22 October 2023.

I have made a possession order in favour of the landlord so that the position is clear.

I suppress both parties’ names as this is not a tenancy for residential purposes.

Tenancy Tribunal case 4766058 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4766058 — 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