How much money was awarded in case 5093571?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5093571?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5093571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11932481-Tribunal_Order.pdf.

How much money was awarded in case 5093571?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5093571?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5093571?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11932481-Tribunal_Order.pdf.

Unit 1, 55 Stewart Drive, Newlands, Wellington 6037 Tenancy Tribunal Case 5093571 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5093571?

The tribunal order states: The parties reached agreement that the tenancy of Paul Greenfield and Wayne

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Order

The parties reached agreement that the tenancy of Paul Greenfield and Wayne Albert Hone Edmonds at Unit 1, 55 Stewart Drive, Newlands, Wellington 6037 is terminated, and possession is granted to Rām Dev Petikam, at any time the tenants choose to leave before, but no later than, Saturday, 4 July 2025.

The Bond Centre is to pay the bond of $2,000.00 (6475627-004) to Paul Greenfield and Wayne Albert Hone Edmonds immediately.

The tenancy premises provided by Rām Dev Petikam and occupied by the tenants is unlawful residential premises.

The tenants are not required to pay any further rent until termination of the tenancy.

The landlord’s claim for rent arrears is dismissed.

The landlord’s claim for compensation for other expenses, such as power, is dismissed.

Reasons

Both parties attended both hearings.

Is the premises unlawful residential premises?

55 Stewart Drive, Newlands, Wellington is a house that has been subdivided so it can be occupied by two households. The subdivision was carried out by a previous owner. Following an adjournment to check the status of the property, it is confirmed that the change of use of the house to two household units was not permitted by Wellington City Council.

The premises occupied by the tenants is therefore unlawful residential premises. See section 77(2)(ac) Residential Tenancies Act 1986.

Residential premises are unlawful if they cannot be lawfully occupied for residential purposes, and the landlord has caused or contributed to the unlawful occupation by failing to comply with sections 36 or 45(1)(c) RTA. See section 78A(2) RTA.

Where the Tribunal declares the residential premises to be unlawful, it must not make an order for rent arrears or compensation against the tenant unless, having regard to the special circumstances of the case, it would be unjust not to make the order. I have ordered that the claim for rent arrears and compensation is dismissed.

The Tribunal may order the return of all rent paid by the tenant, although it may deduct an amount from that sum if, in the special circumstances of the case, it would be fair to do so. The Tribunal may make any of these orders on its own initiative, even if the tenant has not applied for a particular order. See sections 78A(3)(a), (4) and (5) RTA. I am satisfied that the merits and justice of the case are that rent is not refunded but that no further rent is due to termination of the tenancy.

The Tribunal may order termination, but it is not required to do so. See section 78A(3)(b) RTA. The parties agreed on a date for termination.

I have considered whether to order exemplary damages for the unlawful act of renting unlawful residential premises. Exemplary damages may be ordered where an unlawful act is committed intentionally. I am satisfied that the landlord did not commit the act intentionally. I accept that he believed that the subdivision was lawful at the time he purchased the property. An order for exemplary damages cannot be made.

Order

The Bond Centre is to pay the bond of $2,000.00 (6475627-004) to Paul Greenfield and Wayne Albert Hone Edmonds immediately.

The tenancy premises provided by Rām Dev Petikam and occupied by the tenants is unlawful residential premises.

The tenants are not required to pay any further rent until termination of the tenancy.

The landlord’s claim for rent arrears is dismissed.

The landlord’s claim for compensation for other expenses, such as power, is dismissed.

Reasons

Both parties attended both hearings.

Is the premises unlawful residential premises?

The premises occupied by the tenants is therefore unlawful residential premises. See section 77(2)(ac) Residential Tenancies Act 1986.

The Tribunal may order termination, but it is not required to do so. See section 78A(3)(b) RTA. The parties agreed on a date for termination.

Tenancy Tribunal case 5093571 — Rent arrears at Unit 1, 55 Stewart Drive, Newlands, Wellington 6037

At a glance

Tenancy Tribunal case 5093571 — Rent arrears at Unit 1, 55 Stewart Drive, Newlands, Wellington 6037

At a glance

Claims & awards

Order

Reasons

Is the premises unlawful residential premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the premises unlawful residential premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions