How much money was awarded in case 5220200?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5220200?

The dispute type was not classified.

Where can I read the official tribunal order for case 5220200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11742120-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5220200?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5220200?

The dispute type was not classified.

Where can I read the official tribunal order for case 5220200?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11742120-Tribunal_Order_Redacted.pdf.

17 Calthorp Close, Favona, Auckland 2024 Tenancy Tribunal Case 5220200 — Tenancy dispute

Q: What was Tenancy Tribunal case 5220200 about?

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

Tenantcheck Insights

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.

[The landlord/s] is granted possession of the premises at 17 Calthorp Close, Favona, Auckland 2024 at 11.59 pm Wednesday 14 May 2025.

This order can be enforced immediately after that date and time.

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned three times but did not answer and so three messages were left, the last ten minutes after the start time of the hearing.

On 28 March 2025 the landlord issued a notice of termination of the tenancy under section 51(2)(b) Residential Tenancies Act 1986 (“RTA”) terminating the tenancy on 14 May 2025.

The landlord provided evidence that the property has been unconditionally sold and that the termination notice was personally served on the tenant on 28 March 2025.

The tenant has advised the landlord and the Tribunal that he will not be vacating the property until 27 May 2025 being the settlement date of the sale.

The landlord is concerned that the tenant will not vacate at a time or manner that will enable her to give vacant possession to the purchaser under the contract so that she will incur penalties. The landlord wishes to be prepared to obtain possession of the property with the assistance of the bailiff if the tenant does not vacate on the termination date in her notice.

The Tribunal is satisfied that the landlord’s termination notice is valid and has been served on the tenant. The end date of the tenancy will be less than 90 days ago. The requirements of section 64(1) RTA are satisfied.

Section 138 of the District Court Act 2016 holds that normally an order cannot be enforced until 48 hours have expired, unless a “Judge grants leave”. However, section 106(2) of the RTA which relates to enforcement of possession orders, confirms that reference to a ‘Judge’ in section 138(1) applies as if it were reference to a Tenancy Adjudicator.

This is a case where it is appropriate that leave be granted for an immediate enforcement of the possession order.

The tenant is encouraged to vacate the property by 14 May 2025 so that the landlord is not compelled to engage the bailiff for his removal.

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.

[The landlord/s] is granted possession of the premises at 17 Calthorp Close, Favona, Auckland 2024 at 11.59 pm Wednesday 14 May 2025.

This order can be enforced immediately after that date and time.

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned three times but did not answer and so three messages were left, the last ten minutes after the start time of the hearing.

On 28 March 2025 the landlord issued a notice of termination of the tenancy under section 51(2)(b) Residential Tenancies Act 1986 (“RTA”) terminating the tenancy on 14 May 2025.

The landlord provided evidence that the property has been unconditionally sold and that the termination notice was personally served on the tenant on 28 March 2025.

The tenant has advised the landlord and the Tribunal that he will not be vacating the property until 27 May 2025 being the settlement date of the sale.

This is a case where it is appropriate that leave be granted for an immediate enforcement of the possession order.

The tenant is encouraged to vacate the property by 14 May 2025 so that the landlord is not compelled to engage the bailiff for his removal.

Tenancy Tribunal case 5220200 — Tenancy dispute at 17 Calthorp Close, Favona, Auckland 2024

At a glance

Claims & awards

Tenancy Tribunal case 5220200 — Tenancy dispute at 17 Calthorp Close, Favona, Auckland 2024

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions