What was the outcome of Tenancy Tribunal case 4671469?

The tribunal order states: Nikhil Sharma is granted possession of the premises at 92 Jeffs Road, Flat

How much money was awarded in case 4671469?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4671469?

The dispute type was not classified.

Where can I read the official tribunal order for case 4671469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9620356-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4671469?

The tribunal order states: Nikhil Sharma is granted possession of the premises at 92 Jeffs Road, Flat

How much money was awarded in case 4671469?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4671469?

The dispute type was not classified.

Where can I read the official tribunal order for case 4671469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9620356-Tribunal_Order.pdf.

92 Jeffs Road, Flat Bush, Auckland 2016 Tenancy Tribunal Case 4671469 — Tenancy dispute

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Reasons

Both parties attended the hearing. The landlord was represented by counsel.

The landlord has applied for possession of the premises following the termination of the tenancy.

The tenancy ended on 19 October 2023 following the landlord giving 63 days’ notice on 17 August 2023, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

The landlord purchased the premises at a mortgagee sale on 5 July 2023 and the settlement date was 16 August 2023.

The purchase agreement was subject to a fixed term tenancy entered in to on 19 June 2021.

Section 58(1) states: Where a mortgagee or other person becomes entitled (as against the landlord) to possession of the premises, the following provisions shall apply: ... (c)the mortgagee or other person shall have the same rights (if any) as the landlord had under the tenancy agreement or this Act to give notice terminating the tenancy or to apply to the Tribunal for an order terminating the tenancy or for an order for possession of the premises: (d)without limiting paragraph (c), but subject to paragraph (e), in the case of a fixed-term tenancy, the mortgagee or other person shall have the same right to give notice terminating the tenancy as the landlord would have had if the tenancy had been a periodic tenancy: ... (e)paragraph (d) shall not apply where the mortgagee or other person is bound by the tenancy or consented in writing to its creation.

There is no evidence that the landlord is bound by the tenancy or consented in writing to its creation. Therefore, the landlord can give notice to terminate the tenancy as if the fixed-term tenancy had been a periodic tenancy.

On 17 August 2023 the landlord gave 63 days’ notice to the tenant to end the tenancy. That notice was sent to the tenant by email using an email address normally used by the tenant. I note that there many emails were produced where the tenant has used that email address.

The tenant did not leave the tenancy after 63 days’ notice, being the date of termination. The landlord is entitled to possession given that valid notice has been given to end the tenancy.

A possession order is made in favour of the landlord.

Reasons

Both parties attended the hearing. The landlord was represented by counsel.

The landlord has applied for possession of the premises following the termination of the tenancy.

The landlord purchased the premises at a mortgagee sale on 5 July 2023 and the settlement date was 16 August 2023.

The purchase agreement was subject to a fixed term tenancy entered in to on 19 June 2021.

The tenant did not leave the tenancy after 63 days’ notice, being the date of termination. The landlord is entitled to possession given that valid notice has been given to end the tenancy.

A possession order is made in favour of the landlord.

Tenancy Tribunal case 4671469 — Tenancy dispute at 92 Jeffs Road, Flat Bush, Auckland 2016

At a glance

Claims & awards

Tenancy Tribunal case 4671469 — Tenancy dispute at 92 Jeffs Road, Flat Bush, Auckland 2016

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