What was the outcome of Tenancy Tribunal case 4739591?

The tribunal order states: The tenancy between Otautahi Community Housing Trust and Julie Kell was

How much money was awarded in case 4739591?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4739591?

The dispute type was not classified.

Where can I read the official tribunal order for case 4739591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754210-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4739591?

The tribunal order states: The tenancy between Otautahi Community Housing Trust and Julie Kell was

How much money was awarded in case 4739591?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4739591?

The dispute type was not classified.

Where can I read the official tribunal order for case 4739591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754210-Tenancy_Tribunal_Order.pdf.

Unit 4, 27 Glovers Road, Halswell, Christchurch 8025 Tenancy Tribunal Case 4739591 — Tenancy dispute

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

The tenancy between Otautahi Community Housing Trust and Julie Kell was terminated on 12 December 2023 by the tenant’s surrender of the tenancy to the landlord.

Otautahi Community Housing Trust is granted possession of the premises at Unit 4 27 Glovers Road, Halswell, Christchurch 8025 immediately.

Reasons

Mr Olds and Ms Wyatt attended the hearing for the landlord. The tenant did not attend.

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

The landlord’s application relies on a termination notice served under s59B(2) of the Residential Tenancies Act 1986 (the Act).

I accept that the premises have been contaminated by methamphetamine as a result of a breach of the tenancy agreement by the tenant. But s59B(1) of the Act provides that the section applies if testing has been done in accordance with the prescribed method and it has established contamination at a level above a relevant maximum inhabitable level prescribed for that contaminant. Because there is yet no prescribed testing method or prescribed inhabitable level of contamination by methamphetamine (or for any other contaminant), the section does not apply.

If follows that the tenancy cannot be terminated by notice served under the section.

But the landlord and the tenant have been in discussion regarding termination of the tenancy, and they have agreed that the tenancy would terminate yesterday, and the tenant would hand the keys to the premises to the landlord. The keys have not been returned to the landlord, but the tenant is no longer living at the premises, and she has begun to move her possessions out of them.

I find, therefore, that the tenant has surrendered the tenancy to the landlord and that the landlord is therefore entitled to possession of the premises. I have therefore made an order confirming the termination and giving possession of the premises to the landlord.

Because the tenancy was terminated by agreement, I have made no order for the filing fee.

Order

The tenancy between Otautahi Community Housing Trust and Julie Kell was terminated on 12 December 2023 by the tenant’s surrender of the tenancy to the landlord.

Otautahi Community Housing Trust is granted possession of the premises at Unit 4 27 Glovers Road, Halswell, Christchurch 8025 immediately.

Reasons

Mr Olds and Ms Wyatt attended the hearing for the landlord. The tenant did not attend.

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

The landlord’s application relies on a termination notice served under s59B(2) of the Residential Tenancies Act 1986 (the Act).

If follows that the tenancy cannot be terminated by notice served under the section.

Because the tenancy was terminated by agreement, I have made no order for the filing fee.

Tenancy Tribunal case 4739591 — Tenancy dispute at Unit 4, 27 Glovers Road, Halswell, Christchurch 8025

At a glance

Claims & awards

Tenancy Tribunal case 4739591 — Tenancy dispute at Unit 4, 27 Glovers Road, Halswell, Christchurch 8025

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