What was Tenancy Tribunal case 5367102 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 5367102?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5367102?

The dispute type was not classified.

Where can I read the official tribunal order for case 5367102?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12856349-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5367102 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 5367102?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5367102?

The dispute type was not classified.

Where can I read the official tribunal order for case 5367102?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12856349-Tribunal_Order_Redacted.pdf.

Unit/Flat 8, 68 Fonteyn Street, Avondale, Auckland 1026 Tenancy Tribunal Case 5367102 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant claimed that the 90 day notice issued should be set aside as invalid, and discriminatory.

The landlord filed a cross application but confirmed that it was not making claims but defending the tenant’s application.

In support of that claim, the applicant said the property manager had told her the property was to be put on the market for sale when this was not the case as it was re let very soon after she left. She felt deceived and betrayed by this course of action, which has also left her essentially homeless.

The property manager said that she did not know the owner’s intention when she was asked to give the tenant 90 day notice. She said when asked she speculated that the property might be sold. She also thought the owner may want to let it to family members, but did not know the reasons.

A landlord is entitled to give 90-day notice without providing reasons. That is exactly what occurred here. The written notice does not provide reasons.

The notice can be set aside if it is technically invalid (it is not) retaliatory (there is no suggestion of this as the tenant was a very good tenant) or potentially discriminatory.

The unit is part of a complex with body corporation rules that require occupants to be over 45 years of age, the Tribunal has no authority to find those rules discriminatory and indeed there was no submission to that effect.

The 90-day notice was issued without reason. The law permits that. I accept that the landlord was instructed simply to issue notice and was not provided with reasons by the owner. This accords with the property manager’s evidence that she was simply speculating when she said it might be because the property was to be sold.

The applicant has not satisfied me that there are grounds to set the 90 day notice aside.

Both parties paid filing fees, I decline to direct one party to reimburse the other for the cost of the filing fee (noting both that it was not strictly necessary for the landlord to file its own application and that I am not prepared to find the tenants application frivolous or vexatious – on the contrary the real difficulties and distress the notice has caused her were very evident).

Reasons

Both parties attended the hearing.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant claimed that the 90 day notice issued should be set aside as invalid, and discriminatory.

The landlord filed a cross application but confirmed that it was not making claims but defending the tenant’s application.

A landlord is entitled to give 90-day notice without providing reasons. That is exactly what occurred here. The written notice does not provide reasons.

The notice can be set aside if it is technically invalid (it is not) retaliatory (there is no suggestion of this as the tenant was a very good tenant) or potentially discriminatory.

The applicant has not satisfied me that there are grounds to set the 90 day notice aside.

Tenancy Tribunal case 5367102 — Tenancy dispute at Unit/Flat 8, 68 Fonteyn Street, Avondale, Auckland 1026

At a glance

Claims & awards

Tenancy Tribunal case 5367102 — Tenancy dispute at Unit/Flat 8, 68 Fonteyn Street, Avondale, Auckland 1026

At a glance

Claims & awards

Order

Reasons

Topics & place

Frequently asked questions

Order

Reasons

Topics & place

Frequently asked questions