What was the outcome of Tenancy Tribunal case 5010449?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5010449?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5010449?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5010449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11449383-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5010449?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5010449?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5010449?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 5010449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11449383-Tenancy_Tribunal_Order.pdf.

Room G2, 120 Queens Road, Panmure, Auckland 1072, Tenancy Tribunal Case 5010449 — Boarding House

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Reasons

Both parties attended the hearing.

The tenant claims the landlord terminated the tenancy without grounds. The tenant seeks compensation and a refund of their bond.

As the applicant, the tenant must prove their claim to the civil law standard of proof, on the balance of probabilities.

TERMINATION OF TENANCY WITHOUT GROUNDS

Section 60AA Residential Tenancies Act 1986 (RTA) states: Landlord acting to terminate tenancy without grounds A landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenancy or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing that they are not entitled, under this Act, to give the notice or to make the application.

This was a boarding house tenancy. It began on 10 July 2024 and ended on 17 September 2024.

On 9 September 2024, the landlord served the tenant a notice terminating the tenancy. On 15 September 2024, the tenant gave the landlord counter-notice terminating the tenancy.

The tenant claims no reason was given in the notice provided by the landlord and therefore, the landlord terminated the tenancy without grounds pursuant to section 60AA RTA.

Section 66U(1)(d) RTA permits a landlord of a boarding house tenancy to terminate a boarding house tenancy by giving 28 days’ notice if no reason for termination is given.

Section 66U(2) RTA stipulates the requirements that a notice terminating a boarding house tenancy must comply with. Section 66U(2)(d) RTA requires a notice to state the reason for the termination unless 28 days’ notice is given, in which case no reason need by given.

The landlord submitted a copy of the termination notice given to the tenant on 9 September 2024. No reason is given for the termination however, the tenant is given 28 days’ notice. The notice complies with all of the requirements under section 66U(2) RTA.

The landlord was entitled under the RTA to terminate this boarding house tenancy for no reason provided 28 days’ notice was given, which it was. The landlord did not breach section 60AA RTA by not stating a reason for the termination.

The tenant’s application that the landlord terminated the boarding house tenancy without grounds is dismissed.

BOND

The tenant seeks a refund of the bond paid at the beginning of the tenancy.

The landlord claims they refunded the bond to the tenant on 18 September 2024. The landlord submitted a rent summary and copy of an electronic bank transfer confirming the same.

I am satisfied on the balance of probabilities that the bond has already been refunded to the tenant.

The tenant’s claim for a refund of the bond is dismissed.

FILING FEE

The tenant has not been wholly or substantially successful in their claim. Therefore, I do not order the landlord to reimburse the filing fee.

Reasons

Both parties attended the hearing.

The tenant claims the landlord terminated the tenancy without grounds. The tenant seeks compensation and a refund of their bond.

As the applicant, the tenant must prove their claim to the civil law standard of proof, on the balance of probabilities.

TERMINATION OF TENANCY WITHOUT GROUNDS

This was a boarding house tenancy. It began on 10 July 2024 and ended on 17 September 2024.

On 9 September 2024, the landlord served the tenant a notice terminating the tenancy. On 15 September 2024, the tenant gave the landlord counter-notice terminating the tenancy.

The tenant claims no reason was given in the notice provided by the landlord and therefore, the landlord terminated the tenancy without grounds pursuant to section 60AA RTA.

Section 66U(1)(d) RTA permits a landlord of a boarding house tenancy to terminate a boarding house tenancy by giving 28 days’ notice if no reason for termination is given.

The tenant’s application that the landlord terminated the boarding house tenancy without grounds is dismissed.

BOND

The tenant seeks a refund of the bond paid at the beginning of the tenancy.

The landlord claims they refunded the bond to the tenant on 18 September 2024. The landlord submitted a rent summary and copy of an electronic bank transfer confirming the same.

I am satisfied on the balance of probabilities that the bond has already been refunded to the tenant.

The tenant’s claim for a refund of the bond is dismissed.

FILING FEE

The tenant has not been wholly or substantially successful in their claim. Therefore, I do not order the landlord to reimburse the filing fee.

Tenancy Tribunal case 5010449 — Boarding House at Room G2, 120 Queens Road, Panmure, Auckland 1072,

At a glance

Tenancy Tribunal case 5010449 — Boarding House at Room G2, 120 Queens Road, Panmure, Auckland 1072,

At a glance

Claims & awards

Order

Reasons

TERMINATION OF TENANCY WITHOUT GROUNDS

BOND

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

TERMINATION OF TENANCY WITHOUT GROUNDS

BOND

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions