What was Tenancy Tribunal case 5438028 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5438028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5438028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5438028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13119319-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5438028 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5438028?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5438028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5438028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13119319-Tribunal_Order_Redacted.pdf.

18 Dakota Way, Mount Maunganui, Mount Maunganui 3116 Tenancy Tribunal Case 5438028 — Rent arrears

Reasons

The landlord attended the hearing by telephone.

The tenant did not join the hearing by video or by telephone as directed in the Notice of Hearing.

The Tribunal’s records show that the tenant was sent the Notice of Hearing and a copy of the landlord’s application by post, email and text message.

After the hearing, the tenant has made an application for a rehearing on the basis that he was unaware of the hearing because emails had gone to his junk mailbox and that he had not received any notification physically.

At the hearing, the landlord claimed: a. The landlord rented the residential premises at the address to the tenant from 2 April 2025 at a weekly rent of $600.00. b. The premises are part of a hangar, but are self-contained comprising two bedrooms, a lounge, bathroom and kitchen facilities. c. The parties have not signed a residential tenancy agreement. d. It would provide a rent statement in the required format from the Tenancy Services website and a copy of the draft lease agreement which was not signed by either party by 1 pm on the day of the hearing. e. It had issued a notice to terminate the tenancy dated 25 November 2025 confirming that the tenancy would end on 25 February 2026, being a period of more than 90-days. f. The termination notice was emailed to the tenant and delivered to the premises. g. The tenant will not vacate the premises on or before the termination date and was seeking a possession order from the termination date so that it can be enforced without delay should the tenant not vacate. Discussion and decision

The landlord has applied for possession of the premises prior to the termination of the tenancy.

The Tribunal must be cautious in making orders where it has been provided with insufficient evidence that a residential tenancy exists and where the tenant has not attended the hearing.

The landlord has failed to provide confirmation of the payments it says have been made by way of rent and has not provided any details of the documentation which was to record the arrangement between the parties.

As there is no tenancy agreement, there has been no agreement that the tenant’s email address and cell phone number are electronic addresses for service. Nor is there any evidence of the identity of the tenant.

In this case the tenant is not yet in breach of the termination notice by retaining possession after the expiry of the termination notice. It is not therefore necessary for the Tribunal to issue a possession order.

In the absence of the required evidence and having received the tenant’s application for a rehearing which in the circumstances of this case the Tribunal would have granted, it is just that the landlord’s application be dismissed.

The landlord’s application also included a claim for rent arrears and water rates together with further items which may be disclosed once the landlord has taken possession.

The landlord confirmed that these claims were withdrawn from this application as they have yet to be determined and are better considered under a further application once the tenancy has ended and possession has been obtained.

It is open to the landlord to make a further application to the Tribunal if the tenant does not grant possession on the termination date. If this is necessary, the landlord will need to provide the information already requested together with a copy of the Record of Title to the property confirming its ownership.

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The landlord’s application is dismissed.

Reasons

The landlord attended the hearing by telephone.
The tenant did not join the hearing by video or by telephone as directed in the Notice of Hearing.
The Tribunal’s records show that the tenant was sent the Notice of Hearing and a copy of the landlord’s application by post, email and text message.
After the hearing, the tenant has made an application for a rehearing on the basis that he was unaware of the hearing because emails had gone to his junk mailbox and that he had not received any notification physically.
At the hearing, the landlord claimed: a. The landlord rented the residential premises at the address to the tenant from 2 April 2025 at a weekly rent of $600.00. b. The premises are part of a hangar, but are self-contained comprising two bedrooms, a lounge, bathroom and kitchen facilities. c. The parties have not signed a residential tenancy agreement. d. It would provide a rent statement in the required format from the Tenancy Services website and a copy of the draft lease agreement which was not signed by either party by 1 pm on the day of the hearing. e. It had issued a notice to terminate the tenancy dated 25 November 2025 confirming that the tenancy would end on 25 February 2026, being a period of more than 90-days. f. The termination notice was emailed to the tenant and delivered to the premises. g. The tenant will not vacate the premises on or before the termination date and was seeking a possession order from the termination date so that it can be enforced without delay should the tenant not vacate. Discussion and decision
The landlord has applied for possession of the premises prior to the termination of the tenancy.
The Tribunal must be cautious in making orders where it has been provided with insufficient evidence that a residential tenancy exists and where the tenant has not attended the hearing.
The landlord has failed to provide confirmation of the payments it says have been made by way of rent and has not provided any details of the documentation which was to record the arrangement between the parties.
As there is no tenancy agreement, there has been no agreement that the tenant’s email address and cell phone number are electronic addresses for service. Nor is there any evidence of the identity of the tenant.
In this case the tenant is not yet in breach of the termination notice by retaining possession after the expiry of the termination notice. It is not therefore necessary for the Tribunal to issue a possession order.
In the absence of the required evidence and having received the tenant’s application for a rehearing which in the circumstances of this case the Tribunal would have granted, it is just that the landlord’s application be dismissed.
The landlord’s application also included a claim for rent arrears and water rates together with further items which may be disclosed once the landlord has taken possession.
The landlord confirmed that these claims were withdrawn from this application as they have yet to be determined and are better considered under a further application once the tenancy has ended and possession has been obtained.
It is open to the landlord to make a further application to the Tribunal if the tenant does not grant possession on the termination date. If this is necessary, the landlord will need to provide the information already requested together with a copy of the Record of Title to the property confirming its ownership.

Tenancy Tribunal case 5438028 — Rent arrears at 18 Dakota Way, Mount Maunganui, Mount Maunganui 3116

At a glance

Tenancy Tribunal case 5438028 — Rent arrears at 18 Dakota Way, Mount Maunganui, Mount Maunganui 3116

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions