What was Tenancy Tribunal case 5382541 about?

The tribunal order states: BY CONSENT: The tenancy of [The tenant/s] and [The tenant/s] at 35 Paora

How much money was awarded in case 5382541?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5382541?

The dispute type was not classified.

Where can I read the official tribunal order for case 5382541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12735403-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5382541 about?

The tribunal order states: BY CONSENT: The tenancy of [The tenant/s] and [The tenant/s] at 35 Paora

How much money was awarded in case 5382541?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5382541?

The dispute type was not classified.

Where can I read the official tribunal order for case 5382541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12735403-Tenancy_Tribunal_Order.pdf.

35 Paora Street, Orakei, Auckland 1071 Tenancy Tribunal Case 5382541 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing which took place by telephone.

Mr Pracey was joined as a party with his consent and the consent of the other parties. This is because it became apparent that the landlord had, in fact, entered into two separate tenancy agreements for the same premises. Mr Pracey and Mr Watene live in the premises together with another housemate (who is not a tenant).

There is disagreement as to whether a notice to end the tenancy as given by the landlord is valid. The landlord seeks possession based on this notice. The landlord also cites hardship but this was not part of this application.

The tenants say they have a fixed term tenancy created when the landlord sent an emoji thumbs up in response to a request for a further fixed term. Therefore, the landlord cannot give notice.

The landlord questions the legally binding nature of this agreement and also says the tenant has agreed to leave anyway after the notice was given.

The tenants say that this agreement was made prior to them finding out about their rights concerning the fixed term.

After hearing each other’s position, the parties all agreed to a compromise.

They all agreed that the tenants would move out on Sunday 1 February 2025 and the tenancy would end on that date.

I did express a view at the hearing that I thought the landlord would need to apply for possession if the tenants did not move out on the agreed date. However, on reflection I consider that possession can also be granted in this order because the date has been agreed by the parties and they all are aware that the tenants are to move out by this date, and I see no reason to have a further hearing. I have therefore, granted both termination and possession on the date as agreed.

The Tribunal commends the parties for taking a sensible approach negotiating the end of this tenancy.

Neither party seeks suppression of their identifying details and so I do not award this.

Reasons