What was Tenancy Tribunal case 5246652 about?

The tribunal order states: The Tribunal does not have jurisdiction to determine this application and so no

How much money was awarded in case 5246652?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5246652?

The dispute type was not classified.

Where can I read the official tribunal order for case 5246652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12120503-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5246652 about?

The tribunal order states: The Tribunal does not have jurisdiction to determine this application and so no

How much money was awarded in case 5246652?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5246652?

The dispute type was not classified.

Where can I read the official tribunal order for case 5246652?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12120503-Tenancy_Tribunal_Order.pdf.

6 Glen Street, Marchwiel, Timaru 7910 Tenancy Tribunal Case 5246652 — Tenancy dispute

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Reasons

Both parties attended the hearing on 23 June. The hearing was conducted by telephone.

The tenants occupied the premises when they were sold to the respondent by the mortgagee. The respondent asked the applicants to leave and when they did not do so, he served them with a trespass notice and removed them with the assistance of the Police.

The applicants say they had a tenancy agreement with the previous owner, and they were paying her rent of $150 per week. They claim compensation for unlawful eviction being the cost of storing their belongings after they were evicted. They do not have a written tenancy agreement. The respondent disputes that they were tenants.

The Tribunal made an order following the hearing requiring the applicants to provide additional evidence including communications with the former owner of the premises and with the selling agent, their bank statements showing rent paid to the previous owner and evidence of the storage costs.

They have provided one page of a bank statement showing three ACC payments into the account and withdrawals on the same days of amounts almost equal to the payments and a screen shot of an upcoming payment on 29 June of $127 to “storage”. They have not provided any other evidence.

The evidence does not satisfy me that the applicants had a tenancy agreement. I note that they said that they had communications with the previous owner, but none has been provided.

The bank statement is not evidence of rent payments. It simply shows that when a payment came into the account, most of it was immediately withdrawn.

The evidence falls well short of establishing a tenancy agreement and without a tenancy agreement the applicants cannot be tenants. Because they are not tenants, the Tribunal has no jurisdiction to determine their application. I have therefore made no order and this file will now be closed.

Reasons

Both parties attended the hearing on 23 June. The hearing was conducted by telephone.

The evidence does not satisfy me that the applicants had a tenancy agreement. I note that they said that they had communications with the previous owner, but none has been provided.

The bank statement is not evidence of rent payments. It simply shows that when a payment came into the account, most of it was immediately withdrawn.

Tenancy Tribunal case 5246652 — Tenancy dispute at 6 Glen Street, Marchwiel, Timaru 7910

At a glance

Claims & awards

Tenancy Tribunal case 5246652 — Tenancy dispute at 6 Glen Street, Marchwiel, Timaru 7910

At a glance

Claims & awards

Order

Reasons

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Order

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Frequently asked questions