What was Tenancy Tribunal case 5255763 about?

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

How much money was awarded in case 5255763?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5255763?

The primary dispute was Mould & damp. Related themes: Healthy homes.

Where can I read the official tribunal order for case 5255763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12021289-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5255763 about?

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

How much money was awarded in case 5255763?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5255763?

The primary dispute was Mould & damp. Related themes: Healthy homes.

Where can I read the official tribunal order for case 5255763?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12021289-Tribunal_Order_Redacted.pdf.

41A Evans Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 5255763 — Mould & damp

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The tenancy of [The tenant/s] at 41A Evans Road, Glen Eden, Auckland 0602 is terminated, and possession is granted to Walderson Farms Limited, immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination and possession of the premises, notice to quit.
The landlord said they issued a 90-day termination notice to the tenant dated 24 January 2025, with the last day of the tenancy to be 29 April 2025, based on the need for extensive renovations and repairs to the property. The landlord said this was sent by registered mail and confirmed as delivered and signed for on 28 January 2025 at 3:48pm. The landlord said the tenant remains in the property.
The tenant said she did not receive the termination notice sent by the landlord in January 2025 and first found out about the termination notice when she was served with this application about a month before the hearing.
The landlord said the termination notice was issued as the property is not compliant with Healthy Homes Standards and will not be compliant with these by 1 July 2025. The landlord indicated that substantial work is required at the property including new guttering, extractors (where part of the roof will need to be removed), new toilet floor, moisture barrier to go under the house, insulation in places, footpath repair and other issues. The landlord said they have been unable to line up contractors until the tenant moves out, and that there will be scaffolding erected to do the repairs, so it will not be safe for the tenant’s young children. The landlord did not provide any written evidence about the renovation or repair work required.
The tenant confirmed that substantial work is required at the property and said it is likely not compliant with Healthy Homes Standards. The tenant understood that she must leave the property for these repairs to be done, and confirmed it is likely unsafe for she and her family to remain at the property whilst the repairs are carried out. The tenant indicated she has been trying hard to find another place to live, without success so far.
The landlord said they cannot have any tenants in the property from 1 July 2025 because of the property’s lack of compliance with Healthy Homes Standards. They do not wish to risk any fines due to this. As such, the landlord wanted immediate possession of the property.
The tenant agreed to the landlord having possession of the property, but the parties could not agree on a date for this. The tenant said she had understood verbally that she had to leave the property also, before receiving the application documents.
I find it likely that the termination notice was delivered to the tenancy address to the tenant, as it was confirmed as signed for on 28 January 2025. The tenant has confirmed that the property requires substantial renovations and repairs to render it compliant with Healthy Homes Standards and that it would be unsafe for she and her family to remain living at the property whilst the repairs are carried out.
The termination notice complies with the requirements set out in section 51(3) of the Residential Tenancies Act 1986 (“RTA”). As such, the tenancy is terminated, and possession of the property is returned to the landlord immediately. Suppression
The landlord did not request name suppression. The tenant requested name suppression.
Section 95A(4) of the RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The tenant confirmed the substantial repairs required at the property, despite no written evidence being provided of this by the landlord. She further agreed that she and her family needed to leave the property as it would be unsafe for them to remain living at the property during the repairs. The tenant has young children and is attempting to find a place to live. Given the evidence and in the circumstances, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
The tenancy of [The tenant/s] at 41A Evans Road, Glen Eden, Auckland 0602 is terminated, and possession is granted to Walderson Farms Limited, immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination and possession of the premises, notice to quit.
The landlord said they issued a 90-day termination notice to the tenant dated 24 January 2025, with the last day of the tenancy to be 29 April 2025, based on the need for extensive renovations and repairs to the property. The landlord said this was sent by registered mail and confirmed as delivered and signed for on 28 January 2025 at 3:48pm. The landlord said the tenant remains in the property.
The tenant said she did not receive the termination notice sent by the landlord in January 2025 and first found out about the termination notice when she was served with this application about a month before the hearing.
The landlord said the termination notice was issued as the property is not compliant with Healthy Homes Standards and will not be compliant with these by 1 July 2025. The landlord indicated that substantial work is required at the property including new guttering, extractors (where part of the roof will need to be removed), new toilet floor, moisture barrier to go under the house, insulation in places, footpath repair and other issues. The landlord said they have been unable to line up contractors until the tenant moves out, and that there will be scaffolding erected to do the repairs, so it will not be safe for the tenant’s young children. The landlord did not provide any written evidence about the renovation or repair work required.
The tenant confirmed that substantial work is required at the property and said it is likely not compliant with Healthy Homes Standards. The tenant understood that she must leave the property for these repairs to be done, and confirmed it is likely unsafe for she and her family to remain at the property whilst the repairs are carried out. The tenant indicated she has been trying hard to find another place to live, without success so far.
The landlord said they cannot have any tenants in the property from 1 July 2025 because of the property’s lack of compliance with Healthy Homes Standards. They do not wish to risk any fines due to this. As such, the landlord wanted immediate possession of the property.
The tenant agreed to the landlord having possession of the property, but the parties could not agree on a date for this. The tenant said she had understood verbally that she had to leave the property also, before receiving the application documents.
I find it likely that the termination notice was delivered to the tenancy address to the tenant, as it was confirmed as signed for on 28 January 2025. The tenant has confirmed that the property requires substantial renovations and repairs to render it compliant with Healthy Homes Standards and that it would be unsafe for she and her family to remain living at the property whilst the repairs are carried out.
The termination notice complies with the requirements set out in section 51(3) of the Residential Tenancies Act 1986 (“RTA”). As such, the tenancy is terminated, and possession of the property is returned to the landlord immediately. Suppression
The landlord did not request name suppression. The tenant requested name suppression.
Section 95A(4) of the RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The tenant confirmed the substantial repairs required at the property, despite no written evidence being provided of this by the landlord. She further agreed that she and her family needed to leave the property as it would be unsafe for them to remain living at the property during the repairs. The tenant has young children and is attempting to find a place to live. Given the evidence and in the circumstances, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Tenancy Tribunal case 5255763 — Mould & damp at 41A Evans Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 5255763 — Mould & damp at 41A Evans Road, Glen Eden, Auckland 0602

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions