What was Tenancy Tribunal case 5524590 about?

The tribunal order states: The tenancy of [The tenant/s] at 15 Dunn Street, Kaitaia, Kaitaia 0410 is

How much money was awarded in case 5524590?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5524590?

The dispute type was not classified.

Where can I read the official tribunal order for case 5524590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13814191-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5524590 about?

The tribunal order states: The tenancy of [The tenant/s] at 15 Dunn Street, Kaitaia, Kaitaia 0410 is

How much money was awarded in case 5524590?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5524590?

The dispute type was not classified.

Where can I read the official tribunal order for case 5524590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13814191-Tenancy_Tribunal_Order.pdf.

15 Dunn Street, Kaitaia, Kaitaia 0410 Tenancy Tribunal Case 5524590 — Tenancy dispute

Reasons

The landlord attended the hearing by teleconference. The tenant did not attend and couldn’t be reached by phone on the number given in the Notice of Hearing, which was properly served or on an alternative number provided by the landlord.

The landlord seeks a termination and possession Order.

On 5 March the landlord sent the tenant a txt saying, “Hi Maia, as I’m selling I am giving you 90 days notice, [The landlord/s]”

A later txt from the landlord to the tenant noted, “…your move out day is the first of June, just letting you no” The tenant replied, “Well I can’t move if I have nowhere to go.” 5524590 2

On 12 May the tenant txt, “Sorry wasn’t meaning to be pushy I am trying my hardest to find somewhere time just flies so quickly” and “…just letting you know I still haven’t found anywhere to live just keeping positive something will come up…”

On 25 May the tenant requested an extension of another week her family could come and help her move.

The landlord says that she agreed to allow until 12 June before requiring possession. She had arranged a skip for the tenant’s rubbish and to do an inspection on Monday 8 June. On 6 June the tenant txt, “Actually you haven’t’ given me a legally required written notice…”

Is the landlord entitled to possession?

A landlord is entitled to end a periodic tenancy by giving 90 days’ notice. Reasons are not required1.

A notice to end a tenancy should: a. be in writing; and b. identify the premises to which it relates; and c. specify the date by which the tenant is to vacate the premises; and d. if the landlord gives less than 90 days’ notice, set out the reasons for the termination; and d. be signed by the party giving the notice, or by that party’s agent2.

The landlord’s termination notice, given by txt, did not meet all of those requirements.

That does not make the termination notice invalid, “…so long as the notice is in writing, the intention to terminate the tenancy on a particular date or on the expiry of a particular period is stated clearly in the notice, and that any non- compliance is not such as to mislead or affect unjustly the interests of the recipient.3”

This notice was in writing and stated that it was a 90 day termination notice.

The evidence shows that the tenant understood the effect of the notice, took steps to comply with it and did not challenge it until 6 June. That indicates that the effect of the notice was not unclear to her or that she was misled by it.

While the Tribunal sympathises with the difficulties faced by the tenant in finding somewhere to move to, the landlord has a legal right to end the 1 S.51(1) RTA 2 S.51(3) RTA 3 S.51(4) RTA 5524590 3 tenancy by giving notice, a written notice was given, the effect of which was clear and the landlord is entitled to possession in terms of that notice.

Because the landlord has succeeded with the claim I must reimburse the filing fee.

Order

The tenancy of [The tenant/s] at 15 Dunn Street, Kaitaia, Kaitaia 0410 is terminated, and possession is granted to [The landlord/s], immediately.
[The tenant/s] must pay [The landlord/s] the filing fee of $28.00, immediately.

Reasons

The landlord attended the hearing by teleconference. The tenant did not attend and couldn’t be reached by phone on the number given in the Notice of Hearing, which was properly served or on an alternative number provided by the landlord.
The landlord seeks a termination and possession Order.
On 5 March the landlord sent the tenant a txt saying, “Hi Maia, as I’m selling I am giving you 90 days notice, [The landlord/s]”
A later txt from the landlord to the tenant noted, “…your move out day is the first of June, just letting you no” The tenant replied, “Well I can’t move if I have nowhere to go.” 5524590 2
On 12 May the tenant txt, “Sorry wasn’t meaning to be pushy I am trying my hardest to find somewhere time just flies so quickly” and “…just letting you know I still haven’t found anywhere to live just keeping positive something will come up…”
On 25 May the tenant requested an extension of another week her family could come and help her move.
The landlord says that she agreed to allow until 12 June before requiring possession. She had arranged a skip for the tenant’s rubbish and to do an inspection on Monday 8 June. On 6 June the tenant txt, “Actually you haven’t’ given me a legally required written notice…”

Is the landlord entitled to possession?

A landlord is entitled to end a periodic tenancy by giving 90 days’ notice. Reasons are not required1.
A notice to end a tenancy should: a. be in writing; and b. identify the premises to which it relates; and c. specify the date by which the tenant is to vacate the premises; and d. if the landlord gives less than 90 days’ notice, set out the reasons for the termination; and d. be signed by the party giving the notice, or by that party’s agent2.
The landlord’s termination notice, given by txt, did not meet all of those requirements.
That does not make the termination notice invalid, “…so long as the notice is in writing, the intention to terminate the tenancy on a particular date or on the expiry of a particular period is stated clearly in the notice, and that any non- compliance is not such as to mislead or affect unjustly the interests of the recipient.3”
This notice was in writing and stated that it was a 90 day termination notice.
The evidence shows that the tenant understood the effect of the notice, took steps to comply with it and did not challenge it until 6 June. That indicates that the effect of the notice was not unclear to her or that she was misled by it.
While the Tribunal sympathises with the difficulties faced by the tenant in finding somewhere to move to, the landlord has a legal right to end the 1 S.51(1) RTA 2 S.51(3) RTA 3 S.51(4) RTA 5524590 3 tenancy by giving notice, a written notice was given, the effect of which was clear and the landlord is entitled to possession in terms of that notice.
Because the landlord has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5524590 — Tenancy dispute at 15 Dunn Street, Kaitaia, Kaitaia 0410

At a glance

Claims & awards

Tenancy Tribunal case 5524590 — Tenancy dispute at 15 Dunn Street, Kaitaia, Kaitaia 0410

At a glance

Claims & awards

Order

Reasons

Is the landlord entitled to possession?

Topics & place

Frequently asked questions

Order

Reasons

Is the landlord entitled to possession?

Topics & place

Frequently asked questions