What was Tenancy Tribunal case 4950014 about?

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

How much money was awarded in case 4950014?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4950014?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4950014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108668-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4950014 about?

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

How much money was awarded in case 4950014?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4950014?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4950014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108668-Tribunal_Order_Redacted.pdf.

50 Harrington Road, Henderson, Auckland 0610 Tenancy Tribunal Case 4950014 — Healthy homes

Reasons

The landlord attended the hearing and was assisted by a mandarin interpreter. The tenant did not appear. I confirmed that the tenant had been served with the Notice of Hearing, therefore I am proceeding with the hearing in her absence.

This was a landlord claim and tenant counter claim, scheduled before me for a full day face to face hearing.

The landlord was seeking an order declaring that the tenant cannot return to the property. The tenant was claiming that the property was noncompliant and in breach of Healthy Homes Standards, that the landlord failed to lodge the bond, provide a tenancy agreement, and did not refund her rent and bond.

As the tenant did not attend, I am dismissing all her claims before the Tribunal. The background:

The landlord and tenant were initially introduced by a third party. The tenant was urgently seeking a home for herself and her children.

The landlord advised that he had one house but that it needed repairs and maintenance done on it before it was ready to be tenanted. Discussions took place whereby the tenant and landlord made an agreement that the tenant and her uncle would carry out some of the work to ensure that the property was available as soon as possible.

The tenant arranged for the rent and bond to be paid to the landlord pending the start of the tenancy. The landlord stated that the tenant did not carry out any of the work that she claimed they would do. The tenant moved into the property without the consent of the landlord.

Eventually the parties agreed to cancel the tenancy agreement and the tenant moved out. There were serious problems and threats made after the end of the tenancy agreement. The landlord stated that he refunded all the rent and bond money directly to the tenant.

The landlord has now obtained consent to demolish the house and build apartments on the land. That process will commence in the New Year.

A case conference was heard in August 2024 and the matter was set down for hearing today.

The landlord only seeks one thing and that is an Order declaring that the tenant is not to return to the property.

The tenant has not been back to the property for months, but during the time she illegally took possession of the property, by breaking into it, there were claims that she made serious threat to the landlord.

Under the jurisdiction of the Tribunal s77 (2) (g) of the Residential Tenancies Act 1986 (“RTA”), allows me to make an order that the tenant is not entitled to possession of the premises by virtue of any tenancy agreement or under the RTA or on the expiry of any such tenancy agreement.

The tenancy agreement has expired, and I determine that the Tenant is not entitled to have possession of the property. I do not need to make an order for the recovery of the property to the landlord, who is entitled to possession, as he has possession already.

But I can make an order, and I do, that the tenant is not entitled to possession of the property.

Any attempt by the tenant to illegally gain possession of the property could be seen as trespass under the Trespass Act 1980.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenant’s claims are dismissed.
The landlord has possession of the property. The tenant is not entitled to possession of the property.

Reasons

The landlord attended the hearing and was assisted by a mandarin interpreter. The tenant did not appear. I confirmed that the tenant had been served with the Notice of Hearing, therefore I am proceeding with the hearing in her absence.
This was a landlord claim and tenant counter claim, scheduled before me for a full day face to face hearing.
The landlord was seeking an order declaring that the tenant cannot return to the property. The tenant was claiming that the property was noncompliant and in breach of Healthy Homes Standards, that the landlord failed to lodge the bond, provide a tenancy agreement, and did not refund her rent and bond.
As the tenant did not attend, I am dismissing all her claims before the Tribunal. The background:
The landlord and tenant were initially introduced by a third party. The tenant was urgently seeking a home for herself and her children.
The landlord advised that he had one house but that it needed repairs and maintenance done on it before it was ready to be tenanted. Discussions took place whereby the tenant and landlord made an agreement that the tenant and her uncle would carry out some of the work to ensure that the property was available as soon as possible.
The tenant arranged for the rent and bond to be paid to the landlord pending the start of the tenancy. The landlord stated that the tenant did not carry out any of the work that she claimed they would do. The tenant moved into the property without the consent of the landlord.
Eventually the parties agreed to cancel the tenancy agreement and the tenant moved out. There were serious problems and threats made after the end of the tenancy agreement. The landlord stated that he refunded all the rent and bond money directly to the tenant.
The landlord has now obtained consent to demolish the house and build apartments on the land. That process will commence in the New Year.
A case conference was heard in August 2024 and the matter was set down for hearing today.
The landlord only seeks one thing and that is an Order declaring that the tenant is not to return to the property.
The tenant has not been back to the property for months, but during the time she illegally took possession of the property, by breaking into it, there were claims that she made serious threat to the landlord.
Under the jurisdiction of the Tribunal s77 (2) (g) of the Residential Tenancies Act 1986 (“RTA”), allows me to make an order that the tenant is not entitled to possession of the premises by virtue of any tenancy agreement or under the RTA or on the expiry of any such tenancy agreement.
The tenancy agreement has expired, and I determine that the Tenant is not entitled to have possession of the property. I do not need to make an order for the recovery of the property to the landlord, who is entitled to possession, as he has possession already.
But I can make an order, and I do, that the tenant is not entitled to possession of the property.
Any attempt by the tenant to illegally gain possession of the property could be seen as trespass under the Trespass Act 1980.

Tenancy Tribunal case 4950014 — Healthy homes at 50 Harrington Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 4950014 — Healthy homes at 50 Harrington Road, Henderson, Auckland 0610

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions