Tenantcheck Insights · Case study
Tenancy Tribunal case 4909740 — Tenancy dispute
Decided 3 Jul 2024 · Published 3 Jul 2024 · Application 4909740
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Location
New Zealand
Tribunal region
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- [The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 11.59pm on Saturday 20 July 2024.
Reasons
- Both parties attended the hearing. [The landlord’s representative] represented the landlord, [The tenant/s] represented the tenants.
- The landlord has applied for possession of the premises following the termination of the tenancy.
- The tenancy ended on 15 June 2024 by notice pursuant to section 51(2)(f) of the Residential Tenancies Act 1986 (RTA). This is because the property requires extensive renovations which will take approximately 6-8 weeks to undertake and as such it is not practicable for [The tenant/s] to remain in the property whilst it is done.
- [The tenant/s] says they have not moved out for the following reasons: i. They have not been able to find anywhere to go. ii. He wishes to do the work himself as he is a tradesperson. iii. He wishes to move out while the work is being undertaken and then move back in when it is complete. iv. He does not think it will take the time estimated. v. They have lived in this home for 15 years.
- [The landlord’s representative] has provided documentation to confirm that it is not practicable for [The tenant/s] to remain in the property while the work is undertaken given the extent of the work and that it would not be safe. She has also explained that after the required maintenance is complete the whole property will be renovated and then rented out for market rent which is different to the arrangement this family has.
- I accept the evidence that the work is substantial, is due to begin immediately and it would not be reasonably practicable for the tenants to remain in occupation while the work is undertaken. This is extensive work, and the home only has one bathroom which would be unusable for a number of weeks. I also note that it is a landlord’s choice which tradespeople they use to conduct maintenance on their property.
- It is an unfortunate situation for [The tenant/s] given how long this has been their home, however a landlord is entitled to undertake required maintenance/renovations on their own properties. [The landlord’s representative] confirms she gave a glowing reference for the family this morning for one property they have applied for, so it is hopeful that they will be successful in securing that tenancy.
- Accordingly, I am satisfied that the requirements of section 64(1) of the RTA are met, therefore I must issue a possession order. The date of the order is nominated by the landlord to allow [The tenant/s] time to relocate.
- Pursuant to section 95A of the RTA I allow the landlord’s application for suppression as they have been successful with their claim. I also direct that the tenants’ details be suppressed as [The tenant/s] was genuinely concerned about the reasoning for them having to move and has accepted the order I make.