What was the outcome of Tenancy Tribunal case 4581794?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4581794?

Ing That The Above Action Has Been U…: $250.00 awarded to landlord

What type of tenancy dispute was case 4581794?

The dispute type was not classified.

Where can I read the official tribunal order for case 4581794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9204354-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4581794?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4581794?

Ing That The Above Action Has Been U…: $250.00 awarded to landlord

What type of tenancy dispute was case 4581794?

The dispute type was not classified.

Where can I read the official tribunal order for case 4581794?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9204354-Tenancy_Tribunal_Order.pdf.

Unit 7, 16 Crosher Place, Silverdale, Hamilton 3216 Tenancy Tribunal Case 4581794 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4581794. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ing that the above action has been undertaken and of the location of the vehicle, and c. charge the tenant the costs of	$250.00		ing that the above action has been undertaken and of the location of the vehicle, and c. charge the tenant the costs of

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
The tenant must remove one of his vehicles from 16 Crosher Place, Silverdale, Hamilton by 10:00am on Monday 28 August 2023 to ensure that he complies with the tenancy agreement clause 25 which states that the tenant must park only ONE vehicle at the address.
If the tenant fails to comply with Order 2 above, then the landlord may:- a. engage a towing company to remove the vehicle with registration number XU4385 from 16 Crosher Place, Silverdale, Hamilton and arrange to have it parked on a nearby street, and b. notify the tenant in writing that the above action has been undertaken and of the location of the vehicle, and c. charge the tenant the costs of the towing up to $250.00. These costs may be treated as rent in arrears and enforced accordingly.
Graeme Hodge must pay Accessible Properties New Zealand Limited $20.44 for the filing fee, immediately.

Reasons

The landlord’s representative attended the hearing today.
The tenant arranged to attend the hearing by telephone. I telephoned his number twice at the hearing time however the phone diverted to voicemail on both occasions.
The Tribunal may continue with a hearing in the absence of a party, and I did so in this case because the tenant was aware of the hearing.
Mr Hodge did send an email submission yesterday and I have considered this. Work order to remove one vehicle from the tenancy address
The landlord claims that the tenant is in breach of the tenancy agreement by parking two vehicles at the tenancy address when clause 25 of the agreement allows only one vehicle to be parked there.
The Tribunal can make an order that the tenant do anything necessary to remedy a breach of the tenancy agreement; see section 77(2)(l) RTA.
The landlord explained that there are 35 units situated at the street address of 16 Crosher Place, Hamilton (“the complex”) and 20 off-street carparks. The carparks are not allocated to any particular unit.
Not every unit uses a carpark however each unit is limited to only one vehicle so that access to the carparks is fair and managed.
I am satisfied that Mr Hodge currently owns two vehicles that are parked at the complex. This is a breach of clause 25 of the tenancy agreement.
Mr Hodge says in his email submission that there are currently spare carparks at the complex, that the cost of storage is high, and that he is awaiting a minor spare part for one of his vehicles. This vehicle (registration XU4385) is currently unregistered and unwarranted which means that it cannot be parked on the street without risking an infringement ticket.
The landlord says that no other tenant at the complex has more than one vehicle parked at the complex. It also says that two units are currently vacant and will become occupied soon and more parking may be needed.
The landlord’s evidence shows that it has been trying to resolve this issue for two years.
I agree that a timeframe must be set for removal of one of the tenant’s vehicles.
I have allowed 5 weeks for the spare part to be obtained and fitted, a warrant of fitness obtained, and for the vehicle to be registered.
Mr Hodge must remove one of his vehicles from 16 Crosher Place, Silverdale, Hamilton by 10:00am on Monday 28 August 2023 to ensure that he complies with the tenancy agreement clause 25 which states that the tenant must park only ONE vehicle at the address.
If XU4385 cannot be warranted and registered within that timeframe, then Mr Hodge can choose, before the above date and time, to park his other vehicle on the street and leave this car parked at the complex.
A work order may authorise the landlord to undertake the work, and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.
If the tenant fails to comply with Order 2, then the landlord may:- a. engage a towing company to remove the vehicle with registration number XU4385 from 16 Crosher Place, Silverdale, Hamilton and arrange to have it parked on a nearby street, and b. notify the tenant in writing that the above action has been undertaken and of the location of the vehicle, and c. charge the tenant the costs of the towing up to $250.00. These costs may be treated as rent in arrears and enforced accordingly. Filing fee and suppression of names
The landlord has been successful in the claim so must be awarded the filing fee.
Neither party has applied for suppression of name and no orders are made.

Claims and awards in Tenancy Tribunal application 4581794. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ing that the above action has been undertaken and of the location of the vehicle, and c. charge the tenant the costs of	$250.00		ing that the above action has been undertaken and of the location of the vehicle, and c. charge the tenant the costs of

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
The tenant must remove one of his vehicles from 16 Crosher Place, Silverdale, Hamilton by 10:00am on Monday 28 August 2023 to ensure that he complies with the tenancy agreement clause 25 which states that the tenant must park only ONE vehicle at the address.
If the tenant fails to comply with Order 2 above, then the landlord may:- a. engage a towing company to remove the vehicle with registration number XU4385 from 16 Crosher Place, Silverdale, Hamilton and arrange to have it parked on a nearby street, and b. notify the tenant in writing that the above action has been undertaken and of the location of the vehicle, and c. charge the tenant the costs of the towing up to $250.00. These costs may be treated as rent in arrears and enforced accordingly.
Graeme Hodge must pay Accessible Properties New Zealand Limited $20.44 for the filing fee, immediately.

Reasons

The landlord’s representative attended the hearing today.
The tenant arranged to attend the hearing by telephone. I telephoned his number twice at the hearing time however the phone diverted to voicemail on both occasions.
The Tribunal may continue with a hearing in the absence of a party, and I did so in this case because the tenant was aware of the hearing.
Mr Hodge did send an email submission yesterday and I have considered this. Work order to remove one vehicle from the tenancy address
The landlord claims that the tenant is in breach of the tenancy agreement by parking two vehicles at the tenancy address when clause 25 of the agreement allows only one vehicle to be parked there.
The Tribunal can make an order that the tenant do anything necessary to remedy a breach of the tenancy agreement; see section 77(2)(l) RTA.
The landlord explained that there are 35 units situated at the street address of 16 Crosher Place, Hamilton (“the complex”) and 20 off-street carparks. The carparks are not allocated to any particular unit.
Not every unit uses a carpark however each unit is limited to only one vehicle so that access to the carparks is fair and managed.
I am satisfied that Mr Hodge currently owns two vehicles that are parked at the complex. This is a breach of clause 25 of the tenancy agreement.
Mr Hodge says in his email submission that there are currently spare carparks at the complex, that the cost of storage is high, and that he is awaiting a minor spare part for one of his vehicles. This vehicle (registration XU4385) is currently unregistered and unwarranted which means that it cannot be parked on the street without risking an infringement ticket.
The landlord says that no other tenant at the complex has more than one vehicle parked at the complex. It also says that two units are currently vacant and will become occupied soon and more parking may be needed.
The landlord’s evidence shows that it has been trying to resolve this issue for two years.
I agree that a timeframe must be set for removal of one of the tenant’s vehicles.
I have allowed 5 weeks for the spare part to be obtained and fitted, a warrant of fitness obtained, and for the vehicle to be registered.
Mr Hodge must remove one of his vehicles from 16 Crosher Place, Silverdale, Hamilton by 10:00am on Monday 28 August 2023 to ensure that he complies with the tenancy agreement clause 25 which states that the tenant must park only ONE vehicle at the address.
If XU4385 cannot be warranted and registered within that timeframe, then Mr Hodge can choose, before the above date and time, to park his other vehicle on the street and leave this car parked at the complex.
A work order may authorise the landlord to undertake the work, and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.
If the tenant fails to comply with Order 2, then the landlord may:- a. engage a towing company to remove the vehicle with registration number XU4385 from 16 Crosher Place, Silverdale, Hamilton and arrange to have it parked on a nearby street, and b. notify the tenant in writing that the above action has been undertaken and of the location of the vehicle, and c. charge the tenant the costs of the towing up to $250.00. These costs may be treated as rent in arrears and enforced accordingly. Filing fee and suppression of names
The landlord has been successful in the claim so must be awarded the filing fee.
Neither party has applied for suppression of name and no orders are made.

Tenancy Tribunal case 4581794 — Tenancy dispute at Unit 7, 16 Crosher Place, Silverdale, Hamilton 3216

At a glance

Tenancy Tribunal case 4581794 — Tenancy dispute at Unit 7, 16 Crosher Place, Silverdale, Hamilton 3216

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions