What was the outcome of Tenancy Tribunal case 4542433?

The tribunal order states: The application regarding Kāinga Ora–Homes And Communities’ management

How much money was awarded in case 4542433?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4542433?

The dispute type was not classified.

Where can I read the official tribunal order for case 4542433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9644455-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4542433?

The tribunal order states: The application regarding Kāinga Ora–Homes And Communities’ management

How much money was awarded in case 4542433?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4542433?

The dispute type was not classified.

Where can I read the official tribunal order for case 4542433?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9644455-Tribunal_Order.pdf.

103D Whites Line East, Waiwhetu, Lower Hutt 5010 Tenancy Tribunal Case 4542433 — Tenancy dispute

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Reasons

given in paragraphs 1 to 2 in the ‘Reasons’ section of the Tribunal decision dated 22 August 2023 have been replaced by the order above. Reasons

On 22 August 2023 the Tribunal made orders regarding Josephine Wright’s application. Included in the orders is the following:

Kāinga Ora–Homes and Communities is to manage the carparking area by the use of a sign stating that parking is only for tenants and that any unauthorized vehicles using the parks will be towed at the owner’s expense. Permitted parking does not include visitors and the families of tenants. It is accepted that vehicles used by the landlord and the landlord’s contractors may park in the area.

Tenants will be asked to give their vehicle registration numbers so this can be managed for the benefit of all.

Tenants will be reminded that each apartment may park one vehicle only in the tenant carpark area at any one time and must park completely in a carpark space.

The landlord must enforce towing of infringing vehicles to make sure that: (i) tenants are most likely to benefit from parking spaces provided for in the common area provided by their tenancy, and (ii) the use of the limited number of parks in the common area is not the cause of conflict between tenants in the block of apartments.

The signage and notices to tenants regarding the above is to be in place by 30 September 2023.

On 21 September 2023 Kāinga Ora–Homes And Communities applied for an ‘Out of Time’ rehearing on the grounds that the orders could not be carried out for various reasons. I granted a rehearing on the papers only to consider the orders made regarding the parking area.

At the hearing today I have been made aware that carparking is not a facility that is recorded in any of the residential tenancy agreements applying to the residents at the complex. At the time of making the order on 22 August it was my understanding that carparking was included in the applicant’s tenancy agreement. The effect of parking not being a tenant right is that my orders regarding the landlord’s obligation were ultra vires. I have therefore corrected that by dismissing the application regarding the landlord’s management of the carpark.

The rehearing was granted only to consider the carparking orders. Other orders that were made on 22 August 2023 remain in full force and effect.

Reasons

given in paragraphs 1 to 2 in the ‘Reasons’ section of the Tribunal decision dated 22 August 2023 have been replaced by the order above. Reasons

On 22 August 2023 the Tribunal made orders regarding Josephine Wright’s application. Included in the orders is the following:

Tenants will be asked to give their vehicle registration numbers so this can be managed for the benefit of all.

Tenants will be reminded that each apartment may park one vehicle only in the tenant carpark area at any one time and must park completely in a carpark space.

The signage and notices to tenants regarding the above is to be in place by 30 September 2023.

The rehearing was granted only to consider the carparking orders. Other orders that were made on 22 August 2023 remain in full force and effect.

Tenancy Tribunal case 4542433 — Tenancy dispute at 103D Whites Line East, Waiwhetu, Lower Hutt 5010

At a glance

Claims & awards

Tenancy Tribunal case 4542433 — Tenancy dispute at 103D Whites Line East, Waiwhetu, Lower Hutt 5010

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions