What was Tenancy Tribunal case 4805041 about?

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

How much money was awarded in case 4805041?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4805041?

The dispute type was not classified.

Where can I read the official tribunal order for case 4805041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10042508-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4805041 about?

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

How much money was awarded in case 4805041?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4805041?

The dispute type was not classified.

Where can I read the official tribunal order for case 4805041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10042508-Tenancy_Tribunal_Order.pdf.

88 Nielsen Gardens, Rototuna, Hamilton 3210 Tenancy Tribunal Case 4805041 — Tenancy dispute

Tenantcheck Insights

Order

[The landlord/s] and [The landlord/s] is granted possession of the premises at 88 Nielsen Gardens, Rototuna, Hamilton 3210 at 2pm on Tuesday, 5 March 2024.

[The tenant/s] and [The tenant/s] must pay [The landlord/s] and [The landlord/s] $20.44 immediately, being the filing fee on this application.

Reasons

Both parties attended the hearing which was held by telephone.

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

The tenancy ended on 23 January 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 (RTA) are satisfied.

The landlord served a notice to terminate the tenancy on 63 days notices because the premises are required for his family. See s51 RTA. The landlord did not keep a copy of the notice, but the tenant acknowledged that the tenancy had been terminated and that the landlord needed the premises for his family.

The 63 days’ notice expired on 16 January 2024. At the tenant’s request, the landlord extended the final date of the tenancy to 22 January 2024. The tenant said that they had found another home and expected to move on that date, but the new tenancy did not go ahead. The tenants did not move.

The tenant said that the landlord agreed they could stay at the premises until they found somewhere to go provided they paid increased rent. The landlord disputes that. He said that he advised the tenants that he was losing money while they remained at the property, and they increased payments to try to avoid termination.

The tenant said they do not want to stay at the property, they acknowledge that the landlord is entitled to possession, but said they have not had enough time to secure another home. I cannot take account of the difficulty in finding a new home when considering the landlord’s application for a possession order.

The tenant criticised the landlord for making this application. The tenant said they would move once they found a new home and implied that the landlord should be prepared to wait for that to occur. The landlord, correctly, observed the only avenue available to him is to seek a possession order from the Tribunal and, if necessary, to enforce that order.

As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

Order

[The landlord/s] and [The landlord/s] is granted possession of the premises at 88 Nielsen Gardens, Rototuna, Hamilton 3210 at 2pm on Tuesday, 5 March 2024.

[The tenant/s] and [The tenant/s] must pay [The landlord/s] and [The landlord/s] $20.44 immediately, being the filing fee on this application.

Reasons

Both parties attended the hearing which was held by telephone.

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

The tenancy ended on 23 January 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 (RTA) are satisfied.

As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4805041 — Tenancy dispute at 88 Nielsen Gardens, Rototuna, Hamilton 3210

At a glance

Claims & awards

Tenancy Tribunal case 4805041 — Tenancy dispute at 88 Nielsen Gardens, Rototuna, Hamilton 3210

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