How much money was awarded in case 4805859?

Ossession Is Granted To [The Landlor…: $20.44 awarded to landlord

What type of tenancy dispute was case 4805859?

The dispute type was not classified.

Where can I read the official tribunal order for case 4805859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10169578-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4805859?

Ossession Is Granted To [The Landlor…: $20.44 awarded to landlord

What type of tenancy dispute was case 4805859?

The dispute type was not classified.

Where can I read the official tribunal order for case 4805859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10169578-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4805859 — Tenancy dispute

Q: What was Tenancy Tribunal case 4805859 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4805859. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ossession is granted to [The landlord/s], at 5.00pm on Sunday 14 th April 2025. 3. Ivor Sheffield is to pay [The landlor	$20.44		ossession is granted to [The landlord/s], at 5.00pm on Sunday 14 th April 2025. 3. Ivor Sheffield is to pay [The landlor

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The tenancy of Ivor Sheffield at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5.00pm on Sunday 14 th April 2025.

Ivor Sheffield is to pay [The landlord/s] $20.44 immediately, being the filing fee for this application.

Reasons

The application sought termination of the tenancy on multiple grounds.

Both parties attended the hearing.

Mr Sheffield disputed [The landlord/s]’s claim for termination on the grounds of anti-social behaviour. The evidence provided to me would not justify termination on this basis.

On or around 2 February 2024 [The landlord/s] issued a 63-day notice to terminate the tenancy on 31 March 2024.

At the hearing [The landlord/s] explained that her daughter and her daughter’s partner intend to move into the unit.

Mr Sheffield challenged this notice on the grounds that he understood that he was in a fixed term tenancy.

I was provided with the first two pages of two tenancy agreements.

The first agreement records a periodic tenancy starting on 4 December 2020.

The second agreement was signed on 3 August 2021.

On that agreement, the statement “this is a periodic tenancy [etc]” has been crossed out, but in the fixed term tenancy details only the year was filled out, so the agreement states: This tenancy is for a fixed term, ending on the [blank] day of [blank] 2024

A legal requirement of a fixed term tenancy is that it must state the date on which the fixed term will end 1 .

If a fixed term tenancy is not effectively created, the tenancy is a periodic tenancy which can be terminated by notice.

My finding is that a fixed term tenancy was not created because the tenancy agreement did not state the date on which the tenancy would end. Therefore the tenancy is periodic.

The termination notice issued by the landlord meets the formal requirements of a notice to terminate a tenancy 2 , and it was served on Mr Sheffield.

Therefore, I find that the tenancy must end pursuant to that notice.

Having regard to Mr Sheffield’s circumstances, the date of termination will be Sunday 14 April 2024.

[Redacted], who is [The landlord/s]’s father-in-law, is currently residing in a caravan next to the unit, as Mr Sheffield’s guest. [The landlord/s’ father-in-law] must also vacate the premises by 14 April 2024.

[The landlord/s] has been successful in this application, and I must award her the filing fee of $20.44 3 .

Both parties sought name suppression. Name suppression is granted to the landlord on the basis that she has substantially succeeded in the proceedings 4 .

The Tribunal has discretion to grant name suppression to any party having regard to the interests of the party and to the public interest 5 . Mr Sheffield submitted that he is seeking name suppression because he does not want “lies spread about him in the community”. 1 Section 13(1)(p) Residential Tenancies Act 1986 (“RTA”) 2 Section 51(3) RTA 3 Section 102(4)(a) RTA 4 Section 95A(1) RTA 5 Section 95A(4) RTA

In my view that interest is best addressed by the publication of this decision. I have not detailed [The landlord/s]’s allegations. I have stated that the claim for termination on the grounds of anti-social behaviour is not proven. The only reason for termination is that this is a periodic tenancy, and a landlord is entitled to end a tenancy if they require the premises for the use of a member of their family. Therefore, the request for name suppression is not granted.

Claims and awards in Tenancy Tribunal application 4805859. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ossession is granted to [The landlord/s], at 5.00pm on Sunday 14 th April 2025. 3. Ivor Sheffield is to pay [The landlor	$20.44		ossession is granted to [The landlord/s], at 5.00pm on Sunday 14 th April 2025. 3. Ivor Sheffield is to pay [The landlor

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Ivor Sheffield at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5.00pm on Sunday 14 th April 2025.
Ivor Sheffield is to pay [The landlord/s] $20.44 immediately, being the filing fee for this application.

Reasons

The application sought termination of the tenancy on multiple grounds.
Both parties attended the hearing.
Mr Sheffield disputed [The landlord/s]’s claim for termination on the grounds of anti-social behaviour. The evidence provided to me would not justify termination on this basis.
On or around 2 February 2024 [The landlord/s] issued a 63-day notice to terminate the tenancy on 31 March 2024.
At the hearing [The landlord/s] explained that her daughter and her daughter’s partner intend to move into the unit.
Mr Sheffield challenged this notice on the grounds that he understood that he was in a fixed term tenancy.
I was provided with the first two pages of two tenancy agreements.
The first agreement records a periodic tenancy starting on 4 December 2020.
The second agreement was signed on 3 August 2021.
On that agreement, the statement “this is a periodic tenancy [etc]” has been crossed out, but in the fixed term tenancy details only the year was filled out, so the agreement states: This tenancy is for a fixed term, ending on the [blank] day of [blank] 2024
A legal requirement of a fixed term tenancy is that it must state the date on which the fixed term will end 1 .
If a fixed term tenancy is not effectively created, the tenancy is a periodic tenancy which can be terminated by notice.
My finding is that a fixed term tenancy was not created because the tenancy agreement did not state the date on which the tenancy would end. Therefore the tenancy is periodic.
The termination notice issued by the landlord meets the formal requirements of a notice to terminate a tenancy 2 , and it was served on Mr Sheffield.
Therefore, I find that the tenancy must end pursuant to that notice.
Having regard to Mr Sheffield’s circumstances, the date of termination will be Sunday 14 April 2024.
[Redacted], who is [The landlord/s]’s father-in-law, is currently residing in a caravan next to the unit, as Mr Sheffield’s guest. [The landlord/s’ father-in-law] must also vacate the premises by 14 April 2024.
[The landlord/s] has been successful in this application, and I must award her the filing fee of $20.44 3 .
Both parties sought name suppression. Name suppression is granted to the landlord on the basis that she has substantially succeeded in the proceedings 4 .
The Tribunal has discretion to grant name suppression to any party having regard to the interests of the party and to the public interest 5 . Mr Sheffield submitted that he is seeking name suppression because he does not want “lies spread about him in the community”. 1 Section 13(1)(p) Residential Tenancies Act 1986 (“RTA”) 2 Section 51(3) RTA 3 Section 102(4)(a) RTA 4 Section 95A(1) RTA 5 Section 95A(4) RTA
In my view that interest is best addressed by the publication of this decision. I have not detailed [The landlord/s]’s allegations. I have stated that the claim for termination on the grounds of anti-social behaviour is not proven. The only reason for termination is that this is a periodic tenancy, and a landlord is entitled to end a tenancy if they require the premises for the use of a member of their family. Therefore, the request for name suppression is not granted.

Tenancy Tribunal case 4805859 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4805859 — 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