What was Tenancy Tribunal case 4934020 about?

The tribunal order states: Mr Booth’s application is dismissed.

How much money was awarded in case 4934020?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4934020?

The dispute type was not classified.

Where can I read the official tribunal order for case 4934020?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11040277-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4934020 about?

The tribunal order states: Mr Booth’s application is dismissed.

How much money was awarded in case 4934020?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4934020?

The dispute type was not classified.

Where can I read the official tribunal order for case 4934020?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11040277-Tenancy_Tribunal_Order.pdf.

1 Maher Place, Ranui, Porirua 5024 Tenancy Tribunal Case 4934020 — Tenancy dispute

Order

Mr Booth’s application is dismissed.
By consent the parties agree that Mr Booth may access the exterior grounds of the premises at 1 Maher Place, Ranui, Porirua 5024 (“the premises”) on the following terms and conditions: a. Mr Booth may access the exterior grounds of the premises for the purpose of collecting certain items belonging to him, with access permitted for a period of no longer than 5 consecutive days (“the access period”), and provided the access period starts and finishes before 4pm on Wednesday 20 November 2024 (‘the due date”); b. Mr Booth is to email the landlord’s representative, Ms Smith, at <Stephanie.Smith@kaingaora.govt.nz> by 4pm on Monday 11 November 2024 to advise her of the access period dates he nominates; c. During the access period Mr Booth will remove the following items from the exterior grounds of the premises, including the basement area under the house: i. the dog kennel; ii. the wooden structures, wooden pellets, and green netting located around the chicken enclosure; iii. The plants contained in the raised garden beds and the garden bed structures (not the soil); and, iv. The timber stored in the basement area under the house. d. Mr Booth may not enter the interior of the house located at the premises; e. If Mr Booth does not collect all the items detailed in order 2c i)-iv) above by the due date, the landlord may remove and dispose of the items as they see fit and the costs of doing so may be charged to Mr Booth. f. The parties also acknowledge and agree that there is a current trespass notice in place issued by the landlord prohibiting Mr Booth from entering the premises. However, the landlord will not enforce the notice during the access period. g. After the due date has expired, the landlord may at its discretion serve a new trespass notice on Mr Booth preventing him from entering the premises after that date.

Reasons

Both parties attended the hearing with Ms Smith representing the landlord. Application and law
Mr Booth has filed an application seeking work orders requiring the landlord to complete certain repairs and maintenance work at the premises. He also seeks an order granting him possession of the premises and a right to move back into the premises once the work orders have been completed.
The landlord asks the Tribunal to dismiss Mr Booth’s application on the grounds that Mr Booth’s tenancy was terminated following a 90-day termination notice under section 53B Residential Tenancies Act 1986 (RTA) on 26 July 2024. Therefore, they submit that Mr Booth cannot request work orders nor possession of the property because there is no tenancy, and he is no longer a legal tenant.
Section 53B(1)(b)(iii) RTA provides that a social housing provider may in respect to a social housing periodic tenancy terminate the tenancy by giving at least 90 days’ notice in several circumstances including if: the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that— (A) the transfer is necessary or desirable for any reason; and (B) the other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place).
A Social Housing landlord’s right under s53B to terminate the tenancy and transfer the tenant to other housing may be exercised “for any reason” and they are not required to provide a reason to the tenant. The only limitation on the exercise of the right is that they must ensure that the other housing provided is appropriate. Facts and evidence
The timeline of events is largely undisputed.
Mr Booth’s tenancy of the premises commenced on 16 June 2020.
A variation of the tenancy agreement in early 2021 agreed by the parties resulted in Mr Booth being temporarily relocated to another property on 23 March 2021 due to contamination of these premises. The variation recorded that the decontamination and maintenance work required at the premises was expected to take 6 months. The variation provided that Mr Booth did not need to pay rent for the temporary accommodation until these premises were decontaminated and repaired. At that point, it was expected that Mr Booth would move back into the premises.
It is vehemently disputed by Mr Booth, but the landlord contends, that he continued to impede the landlord’s attempts to access the premises for the purpose of completing the necessary decontamination and maintenance work. Consequently, the landlord served a notice on Mr Booth under s53B RTA to terminate the tenancy on 26 July 2024 and offered him his current temporary accommodation as a permanent tenancy. Mr Booth has refused to sign a new tenancy agreement for the alternative property.
On expiry of the termination notice, the landlord wrote to Mr Booth on 31 July 2024 confirming that the tenancy had now ended.
The landlord says that they have served a valid termination notice under s53B and Mr Booth is no longer a tenant and nor does he have possession of the property. In that regard, Mr Booth gave the landlord consent to change the locks some time ago when he relocated to the temporary accommodation. He also confirms that he has removed all his belongings from the interior of the house. He has no keys to the property. Discussion and findings
Mr Booth raises an issue that effectively he is entitled to possession of the premises because he has not agreed to the termination and the variation agreement allows him to return once maintenance work is completed. He has been in temporary accommodation but with an express right to return to the premises once maintenance work was completed. As the landlord has not obtained a possession order for the premises from the Tribunal under section 64 RTA he considers he may still have a right of possession and a right to seek the orders in his application.
After considering all the available evidence, I am satisfied that the landlord is a social housing provider and was providing a social housing periodic tenancy to Mr Booth. The landlord has exercised their right under s53B to give a 90 day notice to terminate that tenancy and offer a transfer property to the tenant. They are entitled to take this step regardless of the terms of the tenancy agreement and any variation which was agreed. The landlord is not required to disclose its reasons nor justify its reasons to the tenant. While the landlord has provided a reason here, stating that it is because the tenant has impeded access for maintenance work which the tenant disputes, the Tribunal has no jurisdiction to investigate and determine whether the reason is justified.
The Tribunal must be satisfied that the notice given under s53B is a valid notice that complies with the RTA. There is no evidence to suggest that it is not a valid notice which meets all the requirements of s53B. It follows that I find the tenancy of the premises terminated on 26 July 2024. The tenant is not entitled to bring a claim for work orders nor for orders that possession be returned to him once the work orders are completed because the tenancy has terminated, and he is no longer a tenant of the premises.
I also find that the landlord is in possession of the premises already, given that Mr Booth removed all his belongings from the interior of the house and does not have keys to the premises since the locks were changed. It is unnecessary for the landlord to apply to the Tribunal for a possession order. However, if I am wrong on this point, I would grant the landlord a possession order effectively immediately.
I gave the parties an indication of this decision at the hearing. Mr Booth advised that if he no longer had rights as a tenant of the premises, he wishes to collect items belonging to him located in the grounds. The parties consented to the orders made giving Mr Booth access to collect those items.

Order

Mr Booth’s application is dismissed.

By consent the parties agree that Mr Booth may access the exterior grounds of the premises at 1 Maher Place, Ranui, Porirua 5024 (“the premises”) on the following terms and conditions: a. Mr Booth may access the exterior grounds of the premises for the purpose of collecting certain items belonging to him, with access permitted for a period of no longer than 5 consecutive days (“the access period”), and provided the access period starts and finishes before 4pm on Wednesday 20 November 2024 (‘the due date”); b. Mr Booth is to email the landlord’s representative, Ms Smith, at <Stephanie.Smith@kaingaora.govt.nz> by 4pm on Monday 11 November 2024 to advise her of the access period dates he nominates; c. During the access period Mr Booth will remove the following items from the exterior grounds of the premises, including the basement area under the house: i. the dog kennel; ii. the wooden structures, wooden pellets, and green netting located around the chicken enclosure; iii. The plants contained in the raised garden beds and the garden bed structures (not the soil); and, iv. The timber stored in the basement area under the house. d. Mr Booth may not enter the interior of the house located at the premises; e. If Mr Booth does not collect all the items detailed in order 2c i)-iv) above by the due date, the landlord may remove and dispose of the items as they see fit and the costs of doing so may be charged to Mr Booth. f. The parties also acknowledge and agree that there is a current trespass notice in place issued by the landlord prohibiting Mr Booth from entering the premises. However, the landlord will not enforce the notice during the access period. g. After the due date has expired, the landlord may at its discretion serve a new trespass notice on Mr Booth preventing him from entering the premises after that date.

Reasons

Both parties attended the hearing with Ms Smith representing the landlord. Application and law

Mr Booth has filed an application seeking work orders requiring the landlord to complete certain repairs and maintenance work at the premises. He also seeks an order granting him possession of the premises and a right to move back into the premises once the work orders have been completed.

The landlord asks the Tribunal to dismiss Mr Booth’s application on the grounds that Mr Booth’s tenancy was terminated following a 90-day termination notice under section 53B Residential Tenancies Act 1986 (RTA) on 26 July 2024. Therefore, they submit that Mr Booth cannot request work orders nor possession of the property because there is no tenancy, and he is no longer a legal tenant.

Section 53B(1)(b)(iii) RTA provides that a social housing provider may in respect to a social housing periodic tenancy terminate the tenancy by giving at least 90 days’ notice in several circumstances including if: the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that— (A) the transfer is necessary or desirable for any reason; and (B) the other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place).

A Social Housing landlord’s right under s53B to terminate the tenancy and transfer the tenant to other housing may be exercised “for any reason” and they are not required to provide a reason to the tenant. The only limitation on the exercise of the right is that they must ensure that the other housing provided is appropriate. Facts and evidence

The timeline of events is largely undisputed.

Mr Booth’s tenancy of the premises commenced on 16 June 2020.

A variation of the tenancy agreement in early 2021 agreed by the parties resulted in Mr Booth being temporarily relocated to another property on 23 March 2021 due to contamination of these premises. The variation recorded that the decontamination and maintenance work required at the premises was expected to take 6 months. The variation provided that Mr Booth did not need to pay rent for the temporary accommodation until these premises were decontaminated and repaired. At that point, it was expected that Mr Booth would move back into the premises.

It is vehemently disputed by Mr Booth, but the landlord contends, that he continued to impede the landlord’s attempts to access the premises for the purpose of completing the necessary decontamination and maintenance work. Consequently, the landlord served a notice on Mr Booth under s53B RTA to terminate the tenancy on 26 July 2024 and offered him his current temporary accommodation as a permanent tenancy. Mr Booth has refused to sign a new tenancy agreement for the alternative property.

On expiry of the termination notice, the landlord wrote to Mr Booth on 31 July 2024 confirming that the tenancy had now ended.

The landlord says that they have served a valid termination notice under s53B and Mr Booth is no longer a tenant and nor does he have possession of the property. In that regard, Mr Booth gave the landlord consent to change the locks some time ago when he relocated to the temporary accommodation. He also confirms that he has removed all his belongings from the interior of the house. He has no keys to the property. Discussion and findings

Mr Booth raises an issue that effectively he is entitled to possession of the premises because he has not agreed to the termination and the variation agreement allows him to return once maintenance work is completed. He has been in temporary accommodation but with an express right to return to the premises once maintenance work was completed. As the landlord has not obtained a possession order for the premises from the Tribunal under section 64 RTA he considers he may still have a right of possession and a right to seek the orders in his application.

After considering all the available evidence, I am satisfied that the landlord is a social housing provider and was providing a social housing periodic tenancy to Mr Booth. The landlord has exercised their right under s53B to give a 90 day notice to terminate that tenancy and offer a transfer property to the tenant. They are entitled to take this step regardless of the terms of the tenancy agreement and any variation which was agreed. The landlord is not required to disclose its reasons nor justify its reasons to the tenant. While the landlord has provided a reason here, stating that it is because the tenant has impeded access for maintenance work which the tenant disputes, the Tribunal has no jurisdiction to investigate and determine whether the reason is justified.

The Tribunal must be satisfied that the notice given under s53B is a valid notice that complies with the RTA. There is no evidence to suggest that it is not a valid notice which meets all the requirements of s53B. It follows that I find the tenancy of the premises terminated on 26 July 2024. The tenant is not entitled to bring a claim for work orders nor for orders that possession be returned to him once the work orders are completed because the tenancy has terminated, and he is no longer a tenant of the premises.

I also find that the landlord is in possession of the premises already, given that Mr Booth removed all his belongings from the interior of the house and does not have keys to the premises since the locks were changed. It is unnecessary for the landlord to apply to the Tribunal for a possession order. However, if I am wrong on this point, I would grant the landlord a possession order effectively immediately.

I gave the parties an indication of this decision at the hearing. Mr Booth advised that if he no longer had rights as a tenant of the premises, he wishes to collect items belonging to him located in the grounds. The parties consented to the orders made giving Mr Booth access to collect those items.

Tenancy Tribunal case 4934020 — Tenancy dispute at 1 Maher Place, Ranui, Porirua 5024

At a glance

Claims & awards

Tenancy Tribunal case 4934020 — Tenancy dispute at 1 Maher Place, Ranui, Porirua 5024

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions