What was the outcome of Tenancy Tribunal case 4861060?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4861060?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4861060?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4861060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10448735-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4861060?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4861060?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4861060?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4861060?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10448735-Tenancy_Tribunal_Order.pdf.

71 Durham St, Waikiwi, Invercargill 9810 Tenancy Tribunal Case 4861060 — Exemplary damages

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Reasons

Both parties attended the hearing.

The tenant claims that the landlord has breached their obligations under section 60AA.

Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.

Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $6500.00. See section 60AA and Schedule 1A Residential Tenancies Act 1986.

The tenant was served with a ninety day notice to terminate on the basis of the property being demolished pursuant to Section 51 (2)(f).

The property is owned by Radius Care. The tenant knew that the property was going to be demolished, however states that the property was tenanted after she moved out and seven months after the tenancy came to an end and is still standing.

Under Section 51 (2)(f)(ii) material steps towards the work is to be taken within 90 days after the termination.

The landlord was represented by Mr Thomas. He provided evidence that plans and consents were obtained before the notice was given. Clearly material steps toward the work has been taken and it is anticipated that the demolition would be completed in the next two months. They landowner accepts that they had hoped the demolition could have occurred sooner. However material steps have definitely been undertaken.

In relation to the tenants, he advised that the property was used for a number of weeks for emergency housing, rent free for some staff who had arrived from overseas. They stayed a number of weeks and again the property is vacant awaiting demolition.

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

Having considered all of the information I am not satisfied that the landlord has committed a breach of the Act and that the tenant has proven her claim. The claim is therefore dismissed.

Reasons

Both parties attended the hearing.

The tenant claims that the landlord has breached their obligations under section 60AA.

Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so.

The tenant was served with a ninety day notice to terminate on the basis of the property being demolished pursuant to Section 51 (2)(f).

Under Section 51 (2)(f)(ii) material steps towards the work is to be taken within 90 days after the termination.

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

Having considered all of the information I am not satisfied that the landlord has committed a breach of the Act and that the tenant has proven her claim. The claim is therefore dismissed.

Tenancy Tribunal case 4861060 — Exemplary damages at 71 Durham St, Waikiwi, Invercargill 9810

At a glance

Tenancy Tribunal case 4861060 — Exemplary damages at 71 Durham St, Waikiwi, Invercargill 9810

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions