How much money was awarded in case 4625301?

Ded On 14 July 2023. Possession Is G…: $20.44 awarded to landlord

What type of tenancy dispute was case 4625301?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4625301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9273921-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4625301?

Ded On 14 July 2023. Possession Is G…: $20.44 awarded to landlord

What type of tenancy dispute was case 4625301?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4625301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9273921-Tenancy_Tribunal_Order.pdf.

232 State Highway 7, Ikamatua, Westland 7846 Tenancy Tribunal Case 4625301 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4625301?

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

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Order

Claims and awards in Tenancy Tribunal application 4625301. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ded on 14 July 2023. Possession is granted to Otututu Farm Limited immediately. 3. Luke Neville Patu to pay Otututu Farm	$20.44		ded on 14 July 2023. Possession is granted to Otututu Farm Limited immediately. 3. Luke Neville Patu to pay Otututu Farm

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The tenancy of Luke Neville Patu at 232 State Highway 7, Ikamatua, Westland 7846 was terminated by notice dated 8 June 2023 and ended on 14 July 2023. Possession is granted to Otututu Farm Limited immediately.

Luke Neville Patu to pay Otututu Farm Limited $20.44 immediately being the filing fee on the successful application.

Reasons

Mr Mirfin, a director of the applicant company, attended the hearing. The tenant did not attend.

The landlord has applied for a possession order following written notice to terminate the tenancy.

The tenancy was a service tenancy. It started on 22 March 2021.

By written agreement dated 8 June 2023 the parties recorded the terms on which the tenant’s employment would end and the ending of the service tenancy. The tenancy was to end on 14 July 2023.

Despite the agreement the tenant has remained in possession and refuses to leave.

The tenant has started employment proceedings against the landlord as his employer. The landlord referred to text messages which seem to suggest that the tenant will not vacate the tenancy until an agreement has been reached on his employment dispute.

Section 53 of the Residential Tenancies Act 1986 (RTA) provides for special provisions for the termination of a service tenancy. The landlord only needs to give 14 days’ notice if the contract of service or for services has been terminated.

Here, the landlord gave the tenant 5 weeks’ notice to terminate the tenancy.

The validity of the notice to terminate the tenancy is not at issue because the tenant did not attend the hearing and raise any defence. But in any case, section 53(7) RTA provides: In any proceedings before the Tribunal in which the validity of a notice purporting to have been given under this section is in issue, the following provisions shall apply: (a) whether the contract of service or, as the case requires, contract for services was or was not terminated shall be a question of fact to be determined by the Tribunal, but the Tribunal shall not be concerned with the lawfulness or otherwise of that termination:

That means that any issues regarding the lawfulness of the termination of the tenant’s employment is not a matter for the Tribunal to consider.

I find as a matter of fact that the tenant’s employment was terminated as was his service tenancy by written agreement and notice dated 8 June 2023. The termination date for the service tenancy was 14 July 2023.

The landlord is entitled to immediate possession of the premises as the tenancy was terminated by notice.

Because Otututu Farm Limited has wholly succeeded with its application I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4625301. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ded on 14 July 2023. Possession is granted to Otututu Farm Limited immediately. 3. Luke Neville Patu to pay Otututu Farm	$20.44		ded on 14 July 2023. Possession is granted to Otututu Farm Limited immediately. 3. Luke Neville Patu to pay Otututu Farm