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Tenantcheck Insights · Case study

Tenancy Tribunal case 4945726 — Tenancy dispute

Decided 1 Sept 2024 · Published 1 Sept 2024 · Application 4945726

Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

New Zealand

Tribunal region

Adjudicator

B Smallbone

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.

Tenantcheck Insights · Case study

Tenancy Tribunal case 4945726 — Tenancy dispute

Decided 1 Sept 2024 · Published 1 Sept 2024 · Application 4945726

Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Location

New Zealand

Tribunal region

Adjudicator

B Smallbone

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

This order confirms that the tenancy of Shannon Rae Craft at [Tenancy address suppressed] will terminate with possession granted to the landlord, at 7pm on Saturday, 28 September 2024.

Reasons

The landlord has applied for confirmation of termination and possession of the premises. The landlord advised the tenant that she wishes to live at the property and gave the required 63 days notice by email. Shannon stated that she did not receive the notice.
The landlord must prove service of the notice of termination. The landlord provided evidence of an email addressed to the tenant in which the termination notice was given.
The landlord does not have to prove that a tenant received a notice by email, only that it was sent by email. Section 136(10) of the Residential Tenancies Act 1986 provides that: In proving service of a document transmitted by email, it is sufficient to prove that the email was— (a) properly addressed to the email address in question; and (b) properly transmitted with the document to that email address.
I am satisfied that the landlord’s email was correctly addressed and sent to Shannon on 25 July 2024. Therefore, the tenancy will end on 28 September 2024.
Shannon stated that the landlord only plans to live at [Tenancy address suppressed] one day a month. However the limited amount of time an owner or the owner’s family occupies a property after the tenancy ends is not grounds for the Tribunal to decline the landlord’s request for possession. Name Suppression
Because the landlord has wholly succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

NO ADDRESS

Residential Tenancies Act sections

s136(10), s95A(1)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 4945726 about?

The tribunal order states: This order confirms that the tenancy of Shannon Rae Craft at [Tenancy address

How much money was awarded in case 4945726?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4945726?

The dispute type was not classified.

Where can I read the official tribunal order for case 4945726?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10778087-Tribunal_Order_Redacted.pdf.