What was the outcome of Tenancy Tribunal case 4654749?

The tribunal order states: The tenancy of Jared Rawiri Clark at 5A Te Hou Hou Crescent, Pāpāmoa

How much money was awarded in case 4654749?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4654749?

The dispute type was not classified.

Where can I read the official tribunal order for case 4654749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10196013-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4654749?

The tribunal order states: The tenancy of Jared Rawiri Clark at 5A Te Hou Hou Crescent, Pāpāmoa

How much money was awarded in case 4654749?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4654749?

The dispute type was not classified.

Where can I read the official tribunal order for case 4654749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10196013-Tribunal_Order.pdf.

5A Te Hou Hou Crescent, Pāpāmoa Beach, Tauranga 3118 Tenancy Tribunal Case 4654749 — Tenancy dispute

Reasons

This order is reissued to correct a typographical mistake contained in the order dated 22 March 2024.The body of the order and decision remain the same, but the name of the landlord has been corrected and is now recorded as being Manawa Housing Limited as Trustee for The Manawa Community Housing Trust.

Both parties attended the hearing. Ms Carol appeared as chief executive officer for Manawa Community Housing Trust, MCHT, with Counsel Mr Hakaria in a support and recording role. Mr Clark initially said that he could not attend. He was informed that the hearing would progress and chose to attend by telephone.

This is a periodic tenancy that began on 12 November 2021.The tenancy agreement stipulated the number of people allowed to reside at the premises.

The landlord believed that only Mr Clark had been living there but Mr Clark said that his daughter initially had been there.

It was not disputed that Mr Clark had not been living at the premises since July 2023. Mr Clark said that this was due to safety and health concerns. No evidence was provided to support this.

The landlord sought termination of the tenancy because the premises are to be converted into commercial premises for at least 90 days by the landlord. See section 51(2) e Residential Tenancies Act 1986, RTA.

The notice to terminate the tenancy was emailed to the tenant Mr Clark on 6 April 2023. The notice was also placed into his letter box.

The notice was inwriting and specified and that 90 days’ notice was given terminating the periodic tenancy on 6 July 2023 because the premises to be converted into commercial premises for at least 90 days. I find that a valid notice has been given.

Mr Clark disputed the reason for the termination of his tenancy saying that MCHT had tried many ways before this to terminate it. No evidence was provided.

Mr Clark said that he had information. He has been granted 2 adjournments, one to allow for him to instruct Counsel, and to allow for time for him to organise his information.

Mr Clark stated that he had concerns and claims about the operation of Manawa Community Housing Trust and his treatment. Mr Clark can file an application at the Tenancy Tribunal to be heard at another date. This allows for service and for the other party to be notified of the claims.

MCHT explained that one of their roles is property development and housing. It is appropriate, because of the nature of their work, that they operate in the community. Their office is in one of the townhouses which form part of a 6- house development.

Manawa Community Housing Trust work closely with Nga Potiki Trust members who have returned from working at home to share office space with them.

MCHT has private and confidential information as well as their own staff to accommodate and there is no space to operate safely. They require new premises where they can continue to operate out of the community resulting in the change of use to commercial for this address.

I find that Manawa Community Housing Trust has complied with the requirements of the RTA section 51 terminating the tenancy of Mr Clark on these grounds.

The tenancy of Jared Rawiri Clark at 5A Te Hou Hou Crescent, Pāpāmoa Beach, Tauranga 3118 is terminated, and possession is granted to Manawa Housing Limited as Trustee for The Manawa Community Housing Trust, immediately.

Order

The tenancy of Jared Rawiri Clark at 5A Te Hou Hou Crescent, Pāpāmoa Beach, Tauranga 3118 is terminated, and possession is granted to Manawa Housing Limited as Trustee for The Manawa Community Housing Trust, immediately.

Reasons

This order is reissued to correct a typographical mistake contained in the order dated 22 March 2024.The body of the order and decision remain the same, but the name of the landlord has been corrected and is now recorded as being Manawa Housing Limited as Trustee for The Manawa Community Housing Trust.
Both parties attended the hearing. Ms Carol appeared as chief executive officer for Manawa Community Housing Trust, MCHT, with Counsel Mr Hakaria in a support and recording role. Mr Clark initially said that he could not attend. He was informed that the hearing would progress and chose to attend by telephone.
This is a periodic tenancy that began on 12 November 2021.The tenancy agreement stipulated the number of people allowed to reside at the premises.
The landlord believed that only Mr Clark had been living there but Mr Clark said that his daughter initially had been there.
It was not disputed that Mr Clark had not been living at the premises since July 2023. Mr Clark said that this was due to safety and health concerns. No evidence was provided to support this.
The landlord sought termination of the tenancy because the premises are to be converted into commercial premises for at least 90 days by the landlord. See section 51(2) e Residential Tenancies Act 1986, RTA.
The notice to terminate the tenancy was emailed to the tenant Mr Clark on 6 April 2023. The notice was also placed into his letter box.
The notice was inwriting and specified and that 90 days’ notice was given terminating the periodic tenancy on 6 July 2023 because the premises to be converted into commercial premises for at least 90 days. I find that a valid notice has been given.
Mr Clark disputed the reason for the termination of his tenancy saying that MCHT had tried many ways before this to terminate it. No evidence was provided.
Mr Clark said that he had information. He has been granted 2 adjournments, one to allow for him to instruct Counsel, and to allow for time for him to organise his information.
Mr Clark stated that he had concerns and claims about the operation of Manawa Community Housing Trust and his treatment. Mr Clark can file an application at the Tenancy Tribunal to be heard at another date. This allows for service and for the other party to be notified of the claims.
MCHT explained that one of their roles is property development and housing. It is appropriate, because of the nature of their work, that they operate in the community. Their office is in one of the townhouses which form part of a 6- house development.
Manawa Community Housing Trust work closely with Nga Potiki Trust members who have returned from working at home to share office space with them.
MCHT has private and confidential information as well as their own staff to accommodate and there is no space to operate safely. They require new premises where they can continue to operate out of the community resulting in the change of use to commercial for this address.
I find that Manawa Community Housing Trust has complied with the requirements of the RTA section 51 terminating the tenancy of Mr Clark on these grounds.
The tenancy of Jared Rawiri Clark at 5A Te Hou Hou Crescent, Pāpāmoa Beach, Tauranga 3118 is terminated, and possession is granted to Manawa Housing Limited as Trustee for The Manawa Community Housing Trust, immediately.

Tenancy Tribunal case 4654749 — Tenancy dispute at 5A Te Hou Hou Crescent, Pāpāmoa Beach, Tauranga 3118

At a glance

Claims & awards

Tenancy Tribunal case 4654749 — Tenancy dispute at 5A Te Hou Hou Crescent, Pāpāmoa Beach, Tauranga 3118

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions