What was the outcome of Tenancy Tribunal case 4775698?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4775698?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4775698?

The dispute type was not classified.

Where can I read the official tribunal order for case 4775698?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848682-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4775698?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4775698?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4775698?

The dispute type was not classified.

Where can I read the official tribunal order for case 4775698?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848682-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3G, 118 Gladstone Road, Parnell, AUCKLAND Tenancy Tribunal Case 4775698 — Tenancy dispute

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Reasons

Both parties attended the hearing by teleconference. The tenant was assisted by an approved representative.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant is the tenant of the property. The tenancy began on 1 December 2022 and a signed tenancy agreement confirming a fixed arrangement until 30 November 2028 was provided with the application.

On 19 October 2023 the premises were sold pursuant to a mortgagee sale. Settlement took place on 17 November 2023.

On 24 November 2023 the new landlord notified the tenant of a change in ownership. On the same date the tenant was served with a 90-day Notice to Terminate on the basis that the new owner intended on undertaking extensive renovations and refurbishment of the premises.

The tenant advises that rent had been paid to the previous owner, her daughter, in advance up until the end of June 2024.

The Notice to Terminate was pursuant to the provisions of section 58(1)(d) of the Residential Tenancies Act which provides: Where a mortgagee or other person becomes entitled to possession of the premises, the following provisions shall apply: (d) ...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

The applicant seeks to have the notice set aside or, in the alternative, a full refund of the rent paid up to the end of June this year.

The applicant provided a copy of the solicitor’s settlement statement with the application confirming the mortgagee sale. I have also sighted the Notice to terminate along with the notice advising a change in ownership.

Having carefully considered the tenant’s application it is my view that the landlord’s 90-day Notice to Terminate is valid and should not be set aside. The tenant has not filed evidence of rent paid since the start of the tenancy. There is no evidence filed with the application confirming rent having been paid up until the end of June this year.

The applicant has not satisfied me that the Notice to Terminate should be set aside. I am also not satisfied on the evidence filed with the application that there should be an order for a rent refund.

Accordingly, the application must be dismissed.

Because the applicant’s application has been unsuccessful I do not order reimbursement of the filing fee.

Reasons

Both parties attended the hearing by teleconference. The tenant was assisted by an approved representative.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

On 19 October 2023 the premises were sold pursuant to a mortgagee sale. Settlement took place on 17 November 2023.

The tenant advises that rent had been paid to the previous owner, her daughter, in advance up until the end of June 2024.

The applicant seeks to have the notice set aside or, in the alternative, a full refund of the rent paid up to the end of June this year.

Accordingly, the application must be dismissed.

Because the applicant’s application has been unsuccessful I do not order reimbursement of the filing fee.

Tenancy Tribunal case 4775698 — Tenancy dispute at Unit/Flat 3G, 118 Gladstone Road, Parnell, AUCKLAND

At a glance

Claims & awards

Tenancy Tribunal case 4775698 — Tenancy dispute at Unit/Flat 3G, 118 Gladstone Road, Parnell, AUCKLAND

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