What was the outcome of Tenancy Tribunal case 4775199?

The tribunal order states: The tenant must not park vehicles or allow vehicles to be parked on the

How much money was awarded in case 4775199?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4775199?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4775199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9959492-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4775199?

The tribunal order states: The tenant must not park vehicles or allow vehicles to be parked on the

How much money was awarded in case 4775199?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4775199?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4775199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9959492-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 10 Secretariat Place, Randwick Park, Auckland Tenancy Tribunal Case 4775199 — 14-day notice

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

The landlord attended the hearing by teleconference. The tenant did not attend. Background

These premises comprise one of 2 flats in a building at the end of a shared driveway.

The landlord has had concerns about the tenant parking multiple vehicles on the property in a way that impedes access to Flat 2 which is further down the driveway.

The tenant seems to have taken the position that the occupant of Flat 2 does not own a vehicle so is not inconvenienced by the tenant parking on the driveway and if the occupant of Flat 2 has visitors, they can park on the street.

The landlord issued the tenant with a 14 day notice on 15 November 2023 requiring that the tenant, “Move the three parked vehicles blocking and inhibiting driveway access.”

Photographs provided by the landlord show three vehicles, which the landlord says the tenant acknowledges are his, parked on the property. One blocking the driveway, one on a lawn area adjacent to the garage and another to the side, further up the shared driveway and slightly impinging on it.

Section 40(2) RTA says that a tenant shall not: ” cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.”

The evidence provided by the landlord persuades me that the way the tenant’s vehicles are parked on the property will interfere with the reasonable comfort of the occupier of Flat 2. Even if that occupant does not have a vehicle s/he is entitled to have the driveway free for use of visitors and emergency services and also for unimpeded pedestrian access.

That being so I find the landlord is justified in seeking an order on the above terms.

Reasons

The landlord attended the hearing by teleconference. The tenant did not attend. Background

These premises comprise one of 2 flats in a building at the end of a shared driveway.

The landlord has had concerns about the tenant parking multiple vehicles on the property in a way that impedes access to Flat 2 which is further down the driveway.

The landlord issued the tenant with a 14 day notice on 15 November 2023 requiring that the tenant, “Move the three parked vehicles blocking and inhibiting driveway access.”

That being so I find the landlord is justified in seeking an order on the above terms.

Tenancy Tribunal case 4775199 — 14-day notice at Unit/Flat 1, 10 Secretariat Place, Randwick Park, Auckland

At a glance

Tenancy Tribunal case 4775199 — 14-day notice at Unit/Flat 1, 10 Secretariat Place, Randwick Park, Auckland

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