What was Tenancy Tribunal case 4975033 about?

The tribunal order states: The tenancy of Susan Just and Izaak Barnes at 33 Frederick Drive, Dinsdale,

How much money was awarded in case 4975033?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4975033?

The dispute type was not classified.

Where can I read the official tribunal order for case 4975033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10953642-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4975033 about?

The tribunal order states: The tenancy of Susan Just and Izaak Barnes at 33 Frederick Drive, Dinsdale,

How much money was awarded in case 4975033?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4975033?

The dispute type was not classified.

Where can I read the official tribunal order for case 4975033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10953642-Tribunal_Order_Redacted.pdf.

33 Frederick Drive, Dinsdale, Hamilton 3204 Tenancy Tribunal Case 4975033 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4975033 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

The tenancy of Susan Just and Izaak Barnes at 33 Frederick Drive, Dinsdale, Hamilton is terminated, and possession is granted to Manor Realty Property Management Limited at 11.59pm on Tuesday 29 th October 2024.

Susan Just and Izaak Barnes must pay Manor Realty Property Management Limited the sum $27.00 for reimbursement of the filing fee: DescriptionLandlord Filing fee reimbursement$27.00 Total award$27.00 Total payable by Tenant to Landlord$27.00

The tenants’ claims are dismissed.

Reasons

Both parties attended the hearing.

This was a cross application. The landlord is seeking termination of the tenancy and one tenant, Susan Just seeks to terminate Izaak Barnes tenancy. The tenant also claims that the landlord has sought to terminate her tenant without sufficient grounds.

The tenant application is on behalf of Susan Just only. Izaak Barnes does not have an application before the Tribunal. Landlord claims:

The landlord has applied to terminate the periodic tenancy on the grounds of hardship.

The Tribunal may terminate a periodic tenancy on the grounds of hardship where: a. Without the order the landlord would suffer greater hardship than the tenant and b. because of the hardship it would be unreasonable to require the landlord to continue with the tenancy. See section 55B Residential Tenancies Act 1986.

The landlord is seeking termination of the tenancy because of ongoing rent arrears throughout the term of the tenancy, lack of communication with the tenants regarding who is residing at the premises and disputes between the tenants.

Both tenants want the other tenant removed from the tenancy agreement and for that person to leave the property. The issues of rent arrears and disputes about how much rent each party is to pay, have been an ongoing complaint.

The landlord does not have any faith that the tenants can afford the rent on their own and they are concerned about their financial situation if the rent is not paid.

The landlord’s concerns are exacerbated by the lack of communication and willingness of the tenants to comply with requirements under their tenancy agreement, such as advising who is residing in the property.

In making such an order the Tribunal must take into account the impact termination would have on the tenant.

Susan Just has not actually lived at the property since Izaak Barnes has been added as a tenant in the tenancy agreement. Susan has a room in the house if she needed to stay there and her possessions occupies the shed/garage at the premises. Susan no longer wants to remain on the tenancy agreement and has agreed to move out of the property at 11.59pm on 29 th October 2024.

Izaak Barnes wants to stay at the property and has a flatmate. Izaak does not have an application before the Tribunal that I must consider. The tenant application was made by Susan Just. The landlord does not agree to his tenancy continuing.

After taking into account the impact on the tenant I find that the landlord’s hardship would be greater than the tenant’s and it would be unreasonable for the tenancy to continue.

The tenancy will terminate on 29 th October 2024 at 11.59pm.

The tenant, Susan Just’s application to terminate Izaak Barnes tenancy and claim that the landlord has sought to terminate her tenancy without sufficient grounds, are dismissed.

The landlord has applied for suppression of their name and details, and as they have been success, I will grant suppression.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4975033 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

The tenancy of Susan Just and Izaak Barnes at 33 Frederick Drive, Dinsdale, Hamilton is terminated, and possession is granted to Manor Realty Property Management Limited at 11.59pm on Tuesday 29 th October 2024.
Susan Just and Izaak Barnes must pay Manor Realty Property Management Limited the sum $27.00 for reimbursement of the filing fee: DescriptionLandlord Filing fee reimbursement$27.00 Total award$27.00 Total payable by Tenant to Landlord$27.00
The tenants’ claims are dismissed.

Reasons

Both parties attended the hearing.
This was a cross application. The landlord is seeking termination of the tenancy and one tenant, Susan Just seeks to terminate Izaak Barnes tenancy. The tenant also claims that the landlord has sought to terminate her tenant without sufficient grounds.
The tenant application is on behalf of Susan Just only. Izaak Barnes does not have an application before the Tribunal. Landlord claims:
The landlord has applied to terminate the periodic tenancy on the grounds of hardship.
The Tribunal may terminate a periodic tenancy on the grounds of hardship where: a. Without the order the landlord would suffer greater hardship than the tenant and b. because of the hardship it would be unreasonable to require the landlord to continue with the tenancy. See section 55B Residential Tenancies Act 1986.
The landlord is seeking termination of the tenancy because of ongoing rent arrears throughout the term of the tenancy, lack of communication with the tenants regarding who is residing at the premises and disputes between the tenants.
Both tenants want the other tenant removed from the tenancy agreement and for that person to leave the property. The issues of rent arrears and disputes about how much rent each party is to pay, have been an ongoing complaint.
The landlord does not have any faith that the tenants can afford the rent on their own and they are concerned about their financial situation if the rent is not paid.
The landlord’s concerns are exacerbated by the lack of communication and willingness of the tenants to comply with requirements under their tenancy agreement, such as advising who is residing in the property.
In making such an order the Tribunal must take into account the impact termination would have on the tenant.
Susan Just has not actually lived at the property since Izaak Barnes has been added as a tenant in the tenancy agreement. Susan has a room in the house if she needed to stay there and her possessions occupies the shed/garage at the premises. Susan no longer wants to remain on the tenancy agreement and has agreed to move out of the property at 11.59pm on 29 th October 2024.
Izaak Barnes wants to stay at the property and has a flatmate. Izaak does not have an application before the Tribunal that I must consider. The tenant application was made by Susan Just. The landlord does not agree to his tenancy continuing.
After taking into account the impact on the tenant I find that the landlord’s hardship would be greater than the tenant’s and it would be unreasonable for the tenancy to continue.
The tenancy will terminate on 29 th October 2024 at 11.59pm.
The tenant, Susan Just’s application to terminate Izaak Barnes tenancy and claim that the landlord has sought to terminate her tenancy without sufficient grounds, are dismissed.
The landlord has applied for suppression of their name and details, and as they have been success, I will grant suppression.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4975033 — Tenancy dispute at 33 Frederick Drive, Dinsdale, Hamilton 3204

At a glance

Award balance

Tenancy Tribunal case 4975033 — Tenancy dispute at 33 Frederick Drive, Dinsdale, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions