How much money was awarded in case 4904761?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4904761?

The dispute type was not classified.

Where can I read the official tribunal order for case 4904761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10679868-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4904761?

Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4904761?

The dispute type was not classified.

Where can I read the official tribunal order for case 4904761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10679868-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4904761 — Tenancy dispute

Q: What was Tenancy Tribunal case 4904761 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 4904761 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

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

The tenancy of Eriki Macdonald at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord], at 11:59pm on Wednesday 7 August 2024.

Eriki Macdonald must pay [The landlord] $20.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. Specifically, section 40(1)(e)(i) of the Residential Tenancies Act 1986 (“RTA”) confirms a tenant must quit the premises on the termination of the tenancy. The evidence provided to the Tribunal shows the tenant has refused to quit the premise, even though the landlord has given a lawful notice terminating the tenancy because she needs the house back for her family to live in.

Should the tenancy be terminated?

Section 51(1)(a) of the RTA states “a landlord may terminate a periodic tenancy by giving at least 63 days’ notice if the owner of the premises requires 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.

On 10 February 2024, the landlord issued the tenant with a 63-day notice terminating the tenancy on 10 May 2024. The reason given for the termination is the landlord’s family wants to move into the premise within 90 days after the termination date.

The landlord confirmed she gave the tenant notice back in November of last year as she wanted to do some major renovations before her family moved into the house. She agreed to delay doing this renovation work so the tenant could have more time to find alternative accommodation.

The landlord’s family now need a place to live, and she cannot delay terminating the tenant’s tenancy any longer. She says she genuinely needs possession of the property back for this purpose. She has allowed the tenant a 3-to-4-week extension to find alternative accommodation, but the tenant has still not moved out. Further, the landlord says the tenant has taken on flatmates despite knowing the tenancy was being terminated by 7 June 2024 at the latest.

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

The tenant has breached their section 40(1)(e)(i) of the RTA obligations by failing to quit the premises on the termination of the tenancy and it would be inequitable to refuse to terminate the tenancy because the landlord needs possession of the house for her family to move into.

I grant the landlord’s application for the tenancy to be terminated and grant possession to her.

Pursuant to section 138(1)(a) of the District Court Act 2016, the landlord cannot enforce the eviction order for 48 hours and is unlikely to be able to take possession of the premise until Monday 12 August 2024. This gives the tenant time to move any belongings out of the premise that she wants to retain.

The landlord has indicated she will make an application for a bailiff to evict the tenant if the tenant remains in the premise beyond Monday 12 August 2024. Reimbursement of the filing fee

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of her name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has substantially succeeded in her proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 4904761 — net $20.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$20.44
Total payable by Tenant to Landlord	$20.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Eriki Macdonald at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord], at 11:59pm on Wednesday 7 August 2024.
Eriki Macdonald must pay [The landlord] $20.44 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations. Specifically, section 40(1)(e)(i) of the Residential Tenancies Act 1986 (“RTA”) confirms a tenant must quit the premises on the termination of the tenancy. The evidence provided to the Tribunal shows the tenant has refused to quit the premise, even though the landlord has given a lawful notice terminating the tenancy because she needs the house back for her family to live in.

Should the tenancy be terminated?

Section 51(1)(a) of the RTA states “a landlord may terminate a periodic tenancy by giving at least 63 days’ notice if the owner of the premises requires 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.
On 10 February 2024, the landlord issued the tenant with a 63-day notice terminating the tenancy on 10 May 2024. The reason given for the termination is the landlord’s family wants to move into the premise within 90 days after the termination date.
The landlord confirmed she gave the tenant notice back in November of last year as she wanted to do some major renovations before her family moved into the house. She agreed to delay doing this renovation work so the tenant could have more time to find alternative accommodation.
The landlord’s family now need a place to live, and she cannot delay terminating the tenant’s tenancy any longer. She says she genuinely needs possession of the property back for this purpose. She has allowed the tenant a 3-to-4-week extension to find alternative accommodation, but the tenant has still not moved out. Further, the landlord says the tenant has taken on flatmates despite knowing the tenancy was being terminated by 7 June 2024 at the latest.
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
The tenant has breached their section 40(1)(e)(i) of the RTA obligations by failing to quit the premises on the termination of the tenancy and it would be inequitable to refuse to terminate the tenancy because the landlord needs possession of the house for her family to move into.
I grant the landlord’s application for the tenancy to be terminated and grant possession to her.
Pursuant to section 138(1)(a) of the District Court Act 2016, the landlord cannot enforce the eviction order for 48 hours and is unlikely to be able to take possession of the premise until Monday 12 August 2024. This gives the tenant time to move any belongings out of the premise that she wants to retain.
The landlord has indicated she will make an application for a bailiff to evict the tenant if the tenant remains in the premise beyond Monday 12 August 2024. Reimbursement of the filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of her name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in her proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 4904761 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 4904761 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Frequently asked questions