What was Tenancy Tribunal case 4781418 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4781418?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4781418?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4781418?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9964818-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4781418 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4781418?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4781418?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4781418?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9964818-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4781418 — Exemplary damages

Order

The application is dismissed.

Reasons

Both parties attended the hearing on 16 February 2024.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The applicant claims that the landlord had terminated the tenancy without grounds (see s.60AA Residential Tenancies Act 1986 (“RTA”). The tenant seeks exemplary damages and compensation.
Under Section 60AA RTA, a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
The tenant said that she received a notice to terminate the tenancy from the landlord dated 16 August 2023.The notice recorded that the tenancy would end on 19 October 2023.
The notice further records that the reason for the termination was that the landlord required the premises within 90 days after the termination date as the principal place of residence (for at least 90 days) for the owner or a member of the owner’s family landlord. The notice accords with the termination provisions in s.58(1)(a) RTA.
The tenant left the premises.
The tenant says that the landlord has not used the premises as her principal place of residence for at least 90 days, commencing within 90 days of the termination date. The tenant provided evidence which showed that the landlord has put the premises onto [rental website] and does not reside in the premises as her principal place of residence.
The landlord accepts that she does not reside at the premises but says that her personal circumstances changed substantially and unexpectedly after the tenancy was terminated. Those changes made it impossible for the landlord to move into the premises. The landlord provided evidence showing that she had both been made redundant from her employment and on 21 September 2023 was advised of the need for complex knee surgery. The knee surgery resulted in the landlord moving in with her parents post-surgery, to receive post operative assistance.
The landlord provided supporting evidence to show that immediately after the termination of the tenancy, but prior to being aware that she was to be made redundant, the landlord was actively seeking flatmates to live with her at the premises.
The landlord explained that the combination of the surgery and the redundancy meant she had to reassess her financial obligations with regards to the premises. A decision was made that she would be unable to relocate to the premises and that the premises would be made available for short term accommodation. It remains the landlord’s intention to reside in the premises once she returns to stable full-time employment.
The reason for giving the notice must be genuinely held at the time the notice was issued. The reason for giving the notice must be a reasonable certainty, not just a possibility.
I accept the landlord evidence that when notice to terminate the tenancy was given to the tenant in August 2023, she genuinely intended to move into the premises. It is only subsequent events that have prevented her from doing so.
In those circumstances, I dismiss the tenant application including the applications for exemplary damages and compensation.
The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Order

The application is dismissed.

Reasons

Both parties attended the hearing on 16 February 2024.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The applicant claims that the landlord had terminated the tenancy without grounds (see s.60AA Residential Tenancies Act 1986 (“RTA”). The tenant seeks exemplary damages and compensation.
Under Section 60AA RTA, a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.
Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.
The tenant said that she received a notice to terminate the tenancy from the landlord dated 16 August 2023.The notice recorded that the tenancy would end on 19 October 2023.
The notice further records that the reason for the termination was that the landlord required the premises within 90 days after the termination date as the principal place of residence (for at least 90 days) for the owner or a member of the owner’s family landlord. The notice accords with the termination provisions in s.58(1)(a) RTA.
The tenant left the premises.
The tenant says that the landlord has not used the premises as her principal place of residence for at least 90 days, commencing within 90 days of the termination date. The tenant provided evidence which showed that the landlord has put the premises onto [rental website] and does not reside in the premises as her principal place of residence.
The landlord accepts that she does not reside at the premises but says that her personal circumstances changed substantially and unexpectedly after the tenancy was terminated. Those changes made it impossible for the landlord to move into the premises. The landlord provided evidence showing that she had both been made redundant from her employment and on 21 September 2023 was advised of the need for complex knee surgery. The knee surgery resulted in the landlord moving in with her parents post-surgery, to receive post operative assistance.
The landlord provided supporting evidence to show that immediately after the termination of the tenancy, but prior to being aware that she was to be made redundant, the landlord was actively seeking flatmates to live with her at the premises.
The landlord explained that the combination of the surgery and the redundancy meant she had to reassess her financial obligations with regards to the premises. A decision was made that she would be unable to relocate to the premises and that the premises would be made available for short term accommodation. It remains the landlord’s intention to reside in the premises once she returns to stable full-time employment.
The reason for giving the notice must be genuinely held at the time the notice was issued. The reason for giving the notice must be a reasonable certainty, not just a possibility.
I accept the landlord evidence that when notice to terminate the tenancy was given to the tenant in August 2023, she genuinely intended to move into the premises. It is only subsequent events that have prevented her from doing so.
In those circumstances, I dismiss the tenant application including the applications for exemplary damages and compensation.
The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 4781418 — Exemplary damages

At a glance

Tenancy Tribunal case 4781418 — Exemplary damages

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions