What was Tenancy Tribunal case 4805238 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is to come to an

How much money was awarded in case 4805238?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4805238?

The dispute type was not classified.

Where can I read the official tribunal order for case 4805238?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10299640-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4805238 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is to come to an

How much money was awarded in case 4805238?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4805238?

The dispute type was not classified.

Where can I read the official tribunal order for case 4805238?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10299640-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4805238 — Tenancy dispute

Reasons

Both parties attended the hearing, which was conducted by teleconference. Ms Jiang represented the landlord. The Tribunal was assisted by Mr Wei, interpreter.

This hearing was originally held in person on 31 January 2024 and was attended by the landlord, the tenant and [The tenant’s wife]. The hearing could not be concluded and had to be adjourned, due [The tenant's wife]’s distress during the hearing.

The hearing was re-scheduled to take place on 5 March 2024. Unfortunately, due to an oversight, an interpreter was not booked for this hearing. The tenant requires a Mandarin-speaking interpreter to be able to participate. Accordingly, the hearing could not proceed and was adjourned. Background

This tenancy began on 15 June 2023 and was for a fixed term, due to end on 14 June 2024. On 26 October 2023 the landlord gave notice that the owner had placed the property on the market for sale. Due to difficulties gaining access to the premises for viewings, the landlord applied to the Tribunal seeking remedies for breaches by the tenant under section 48(3) and (3A) of the Residential Tenancies Act 1986 (the RTA) in withholding consent to the allow the property to be shown to prospective purchasers. This is application number 4738949. The landlord sought an order requiring the tenant to co-operate with the landlord and owner to allow viewings.

At the hearing on 31 January 2024, the landlord explained the reasons the owner was selling the premises. The tenant and [The tenant's wife] provided oral evidence explaining why they opposed granting access, noting the health concerns of [The tenant's wife] and their son. A report from a psychologist was produced.

Following the first hearing, the landlord filed a second application seeking termination of the tenancy (application 4805238). Both were heard together.

The landlord stated that since the last hearing, notice was given by the landlord to the tenant to end the tenancy at the end of the fixed term. The tenant has confirmed receiving this notice and understands that this tenancy will come to an end on 14 June 2024.

A copy of the notice was emailed to the Tribunal. This is dated 13 March 2024 and advises the tenant that the landlord was giving 90 days’ notice that the tenancy would be coming to an end. A further email dated 13 March 2024 notes that the tenancy would not be renewed and would end on the expiry of the fixed term.

The landlord no longer seeks an order allowing access to the premises for the purposes of the sale. However, an order confirming the ending of the tenancy is requested. The tenant accepts and understands that the tenancy will end on 14 June 2024.

Accordingly, the Tribunal confirms that this tenancy will come to an end on the expiry of the fixed term, on 14 June 2024. Filing fee

No order is made for reimbursement of the filing fee, since neither party has been substantially successful in the proceedings. Name suppression

The tenant seeks name suppression, the landlord does not. Due to the individual circumstances in this case, the tenant’s interests outweigh the public interest in the tenant being identified. Therefore, name suppression is granted.

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is to come to an end at the end of the fixed term on 14 June 2024. Upon termination of the tenancy Auckland Property Management Limited As Agent For Wen's Investment Limited.
All other claims are dismissed.

Reasons

Both parties attended the hearing, which was conducted by teleconference. Ms Jiang represented the landlord. The Tribunal was assisted by Mr Wei, interpreter.
This hearing was originally held in person on 31 January 2024 and was attended by the landlord, the tenant and [The tenant’s wife]. The hearing could not be concluded and had to be adjourned, due [The tenant's wife]’s distress during the hearing.
The hearing was re-scheduled to take place on 5 March 2024. Unfortunately, due to an oversight, an interpreter was not booked for this hearing. The tenant requires a Mandarin-speaking interpreter to be able to participate. Accordingly, the hearing could not proceed and was adjourned. Background
This tenancy began on 15 June 2023 and was for a fixed term, due to end on 14 June 2024. On 26 October 2023 the landlord gave notice that the owner had placed the property on the market for sale. Due to difficulties gaining access to the premises for viewings, the landlord applied to the Tribunal seeking remedies for breaches by the tenant under section 48(3) and (3A) of the Residential Tenancies Act 1986 (the RTA) in withholding consent to the allow the property to be shown to prospective purchasers. This is application number 4738949. The landlord sought an order requiring the tenant to co-operate with the landlord and owner to allow viewings.
At the hearing on 31 January 2024, the landlord explained the reasons the owner was selling the premises. The tenant and [The tenant's wife] provided oral evidence explaining why they opposed granting access, noting the health concerns of [The tenant's wife] and their son. A report from a psychologist was produced.
Following the first hearing, the landlord filed a second application seeking termination of the tenancy (application 4805238). Both were heard together.
The landlord stated that since the last hearing, notice was given by the landlord to the tenant to end the tenancy at the end of the fixed term. The tenant has confirmed receiving this notice and understands that this tenancy will come to an end on 14 June 2024.
A copy of the notice was emailed to the Tribunal. This is dated 13 March 2024 and advises the tenant that the landlord was giving 90 days’ notice that the tenancy would be coming to an end. A further email dated 13 March 2024 notes that the tenancy would not be renewed and would end on the expiry of the fixed term.
The landlord no longer seeks an order allowing access to the premises for the purposes of the sale. However, an order confirming the ending of the tenancy is requested. The tenant accepts and understands that the tenancy will end on 14 June 2024.
Accordingly, the Tribunal confirms that this tenancy will come to an end on the expiry of the fixed term, on 14 June 2024. Filing fee
No order is made for reimbursement of the filing fee, since neither party has been substantially successful in the proceedings. Name suppression
The tenant seeks name suppression, the landlord does not. Due to the individual circumstances in this case, the tenant’s interests outweigh the public interest in the tenant being identified. Therefore, name suppression is granted.

Tenancy Tribunal case 4805238 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4805238 — 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