Published tribunal order
Tenancy Tribunal case 4810798 — Tenancy dispute at Unit/Flat 7, 30 Treadwell Street, Naenae, Lower Hutt 5011
Decided 17 Apr 2024 · Published 17 Apr 2024 · Application 4810798
Mixed / unclear
Order
- The tenancy of Jayden Morgan and Colleen Henwood of unit / flat 7, 30 Treadwell Street, Naenae, Lower Hutt 5011 is terminated, and possession granted to Powell & Co Property Management Limited as Agent for A & T Ng Family Trust immediately.
- The Tribunal’s order of 22 March 2024 as it relates to the order that the tenant pay the landlord the sum of $5,041.87 and for the release of the bond, is unchanged. .
Reasons
- On 22 March 2024 the Tribunal, Adjudicator Northwood, issued an order following an application from the landlord. The adjudicator ordered that the tenants pay money to the landlord, and for the bond to be released.
- There was an application for termination. The adjudicator has discussed termination of the tenancy in the reasons of the order, concluding that “The tenancy is to be terminated at 11.59pm on Monday 25 th March 2024.”
- However, the adjudicator missed recording this order under the ‘order’ section of the decision. The landlord has applied for an eviction, but because the termination is not recorded as an order, the Bailiffs declined to evict the tenants.
- Clearly it was a drafting error not to include termination of the tenancy, so I have corrected that in this amended order. In short, Ms Northwood’s order of 22 March 2024 is amended to include an order terminating the tenancy with immediate effect. All other aspects of Ms Northwoods decision remain unchanged.