What was the outcome of Tenancy Tribunal case 4801817?

The tribunal order states: Goodwin Realty Limited is granted possession of the premises at 10 Mostyn

How much money was awarded in case 4801817?

Filing Fee: $20.44 awarded to landlord; Water Rates: $458.50 awarded to landlord

What type of tenancy dispute was case 4801817?

The dispute type was not classified.

Where can I read the official tribunal order for case 4801817?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10010320-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4801817?

The tribunal order states: Goodwin Realty Limited is granted possession of the premises at 10 Mostyn

How much money was awarded in case 4801817?

Filing Fee: $20.44 awarded to landlord; Water Rates: $458.50 awarded to landlord

What type of tenancy dispute was case 4801817?

The dispute type was not classified.

Where can I read the official tribunal order for case 4801817?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10010320-Tenancy_Tribunal_Order.pdf.

10 Mostyn Street, Kingsland, Auckland 1021 Tenancy Tribunal Case 4801817 — Tenancy dispute

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10 Mostyn Street, Kingsland, Auckland 1021 Tenancy Tribunal Case 4801817 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4801817 — net $478.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (to 8/12/2023	$458.50	Water rates (to 8/12/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$478.94
Total payable by Tenant to Landlord	$478.94

Claims and awards for application 4801817 — net $478.94 NZD. Verify on MoJ.

Water rates (to 8/12/2023

Amount: $458.50
Awarded to: Landlord
Reason: Water rates (to 8/12/2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $478.94

Total payable by Tenant to Landlord

Landlord $478.94

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Goodwin Realty Limited is granted possession of the premises at 10 Mostyn Street, Kingsland, Auckland 1021 immediately.
Kerryn Lamont must pay Goodwin Realty Limited $478.94 immediately, calculated as shown in table below: DescriptionLandlord Water rates (to 8/12/2023)$458.50 Filing fee reimbursement$20.44 Total award$478.94 Total payable by Tenant to Landlord$478.94

Reasons

The landlord attended a hearing by telephone.
The tenant did not attend. I attempted to contact the tenant by telephone three times, but the calls were not answered.
The landlord has applied for possession of the premises following the termination of the tenancy.
The landlord claims that the tenancy ended on 5 February 2024, following a 90 day termination notice issued to the tenant on 7 November 2023.
From 11 February 2021, landlords cannot give a 90-day termination notice without a valid reason under s 51(1) or (2) Residential Tenancies Act 1986 (RTA).
Section 51(2)(a) RTA provides that the landlord may give 90 days to terminate a tenancy where: “The premises are to be put on the market by the owner within 90 days after the termination date for the purposes of sale or other disposition.”
The relevant time for determining the landlord’s intention is when the notice is given. For the notice to be a valid the landlord should genuinely intend to carry out the stated objective. It is not enough that it is a mere possibility or one of a range of options available.
The landlord’s notice stated that the landlord intended to list the property for sale. The landlord has provided evidence of its intention to sell, including a listing agreement. I am satisfied that the notice to terminate was validly given.
The tenancy ended on 5 February 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
The landlord also claimed water rates of $458.50 and provided evidence of invoices to the tenant and costs incurred by the landlord. At the hearing, the landlord claimed additional water rates incurred after this application was made. It had not provided any corroborative evidence to support the increased claim. As such, I award water rates to 8 December 2023.
As the landlord was the successful party, I have awarded reimbursement of the tribunal application fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4801817 — net $478.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (to 8/12/2023	$458.50	Water rates (to 8/12/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$478.94
Total payable by Tenant to Landlord	$478.94

Claims and awards for application 4801817 — net $478.94 NZD. Verify on MoJ.

Water rates (to 8/12/2023

Amount: $458.50
Awarded to: Landlord
Reason: Water rates (to 8/12/2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $478.94

Total payable by Tenant to Landlord

Landlord $478.94

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Goodwin Realty Limited is granted possession of the premises at 10 Mostyn Street, Kingsland, Auckland 1021 immediately.
Kerryn Lamont must pay Goodwin Realty Limited $478.94 immediately, calculated as shown in table below: DescriptionLandlord Water rates (to 8/12/2023)$458.50 Filing fee reimbursement$20.44 Total award$478.94 Total payable by Tenant to Landlord$478.94

Reasons

The landlord attended a hearing by telephone.
The tenant did not attend. I attempted to contact the tenant by telephone three times, but the calls were not answered.
The landlord has applied for possession of the premises following the termination of the tenancy.
The landlord claims that the tenancy ended on 5 February 2024, following a 90 day termination notice issued to the tenant on 7 November 2023.
From 11 February 2021, landlords cannot give a 90-day termination notice without a valid reason under s 51(1) or (2) Residential Tenancies Act 1986 (RTA).
Section 51(2)(a) RTA provides that the landlord may give 90 days to terminate a tenancy where: “The premises are to be put on the market by the owner within 90 days after the termination date for the purposes of sale or other disposition.”
The relevant time for determining the landlord’s intention is when the notice is given. For the notice to be a valid the landlord should genuinely intend to carry out the stated objective. It is not enough that it is a mere possibility or one of a range of options available.
The landlord’s notice stated that the landlord intended to list the property for sale. The landlord has provided evidence of its intention to sell, including a listing agreement. I am satisfied that the notice to terminate was validly given.
The tenancy ended on 5 February 2024, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
The landlord also claimed water rates of $458.50 and provided evidence of invoices to the tenant and costs incurred by the landlord. At the hearing, the landlord claimed additional water rates incurred after this application was made. It had not provided any corroborative evidence to support the increased claim. As such, I award water rates to 8 December 2023.
As the landlord was the successful party, I have awarded reimbursement of the tribunal application fee.

Tenancy Tribunal case 4801817 — Tenancy dispute at 10 Mostyn Street, Kingsland, Auckland 1021

At a glance

Tenancy Tribunal case 4801817 — Tenancy dispute at 10 Mostyn Street, Kingsland, Auckland 1021

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions