What was the outcome of Tenancy Tribunal case 4758557?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4758557?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758557?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4758557?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9849193-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4758557?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4758557?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4758557?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4758557?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9849193-Tenancy_Tribunal_Order.pdf.

11A Farmar Street, Mayfield, Blenheim 7201 Tenancy Tribunal Case 4758557 — Boarding House

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Reasons

Both parties attended the hearing by telephone.

The landlord did not advise the Tribunal of the phone number for the representative to attend the hearing. After several calls were made the representative was identified however, she thought the hearing was in February. The telephone hearing was adjourned for 20 minutes to enable the landlord’s representative to familiarise herself with the proceedings.

I note that the hearing notice was served on the landlord on 10 December 2023.

The landlord gave the tenant notice to terminate the tenancy pursuant to section 53B which states that the landlord, which is a social housing provider, may give 90 days’ notice to terminate. Section 53B(b)(iii) states, the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that— (A) the transfer is necessary or desirable for any reason; and (B) the other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place).

The tenant seeks an order that the notice to terminate the tenancy was retaliatory.

Section 54(1) provides, Within 28 working days after receipt of a notice terminating the tenancy, being a notice that complies with the requirements of section 51 (or, in the case of a boarding house tenancy, section 66U), the tenant may apply to the Tribunal for an order declaring that the notice is of no effect on the ground that, in giving the notice, the landlord was motivated wholly or partly by the exercise or proposed exercise by the tenant of any right, power, authority, or remedy conferred on the tenant by the tenancy agreement or by this or any other Act or any complaint by the tenant against the landlord relating to the tenancy.

While the tenant says that he received the notice on 10 December 2023 his application to the Tribunal was dated 6 December 2023. He therefore acted within the 28 working days in making his application.

The issue for the Tribunal is whether the landlord was motivated wholly or partly by the exercise by the tenant of any right, power, authority or remedy. The tenant says that the notice was in response to his previous application to the Tribunal which was heard in September 2023.

I am not satisfied that the landlord was motivated by the tenant’s previous application to the Tribunal.

The landlord advise that they are working with the tenant to transfer him to a suitable property. They landlord can do so in accordance with section 53B.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. The claim is not proved and therefore the application is dismissed.

Reasons

Both parties attended the hearing by telephone.

I note that the hearing notice was served on the landlord on 10 December 2023.

The tenant seeks an order that the notice to terminate the tenancy was retaliatory.

I am not satisfied that the landlord was motivated by the tenant’s previous application to the Tribunal.

The landlord advise that they are working with the tenant to transfer him to a suitable property. They landlord can do so in accordance with section 53B.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. The claim is not proved and therefore the application is dismissed.

Tenancy Tribunal case 4758557 — Boarding House at 11A Farmar Street, Mayfield, Blenheim 7201

At a glance

Tenancy Tribunal case 4758557 — Boarding House at 11A Farmar Street, Mayfield, Blenheim 7201

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions