What was the outcome of Tenancy Tribunal case 4877301?

The tribunal order states: The tenancy of David Neale at 15 Waikaukau Road, Glen Eden, Auckland 0602

How much money was awarded in case 4877301?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4877301?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4877301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10532825-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4877301?

The tribunal order states: The tenancy of David Neale at 15 Waikaukau Road, Glen Eden, Auckland 0602

How much money was awarded in case 4877301?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4877301?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4877301?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10532825-Tenancy_Tribunal_Order.pdf.

15 Waikaukau Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4877301 — Exemplary damages

Reasons

Both parties attended the hearing.

The landlord has applied for possession of the premises following the termination of the tenancy.

The landlord issued a 90-day notice to the tenant on 30 November 2023 terminating the tenancy on 26 February 2024 for the purposes of demolishing the premises because the land has been purchased by the landlord for the purpose of housing a future electricity substation as part of its future electricity network operational requirements.

The tenant informed the landlord he was having difficulty in finding alternative accommodation. He has lived at the property for nearly 30 years and has three decades of accumulated belongings he cannot afford to move or store. He also has a cat and some plants that need housing, and he has found rents much higher than the rent he has been paying to date. In response the landlord provided the tenant with a letter, dated, 8 March 2024 that extended the vacate date to Friday 26 April 2024, to allow the tenant more time to find a place to live.

Vector Limited claims the tenant did not vacate the premises on Friday 26 April 2024, the date the tenancy ended and has confirmed today that the tenant is still residing at the premises and not showing any signs that he is in any closer to being able to move out than when the landlord first gave him notice terminating the tenancy.

A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 198 (RTA).

The evidence presented to me today shows the tenant has failed to quit the premise upon termination of the tenancy without reasonable excuse and, as such, has committed intentionally breached his obligations under section 40(1)(e)(i) of the RTA.

The tenant’s breach of his obligations to the landlord upon termination of the tenancy has caused the landlord the stress and inconvenience of having to apply to the Tribunal for an eviction order and attend a Tribunal hearing. The breach has also delayed the works it needs to undertake to meet its electricity network operational requirements. The landlord says the house needs to be demolished before the geo technical work can commence and that geo technical work was supposed to have commenced last month.

The landlord has not sought exemplary damages for the tenant’s failure to quit the premises upon termination of the tenancy, and could have, nor has it sought reimbursement for the filing fee. It has also confirmed today it will dispose of any property and rubbish left behind by the tenant without on charging that cost to the tenant. It has however also confirmed that where the tenant has not removed any of his belongings he wants to keep, these items will be disposed of in a skip bin along with any rubbish he does not want to keep.

I find that the landlord has given the tenant a generous extension of time to find alternative accommodation and it is equitable in all the circumstances for me to now terminate the tenancy and grant possession to the landlord.

The tenant has been put on notice today that the landlord will not be storing any belongings or selling them on his behalf after 12 July 2024. The tenant has confirmed he understands that he needs to have removed anything he wants to keep from the property by Friday 12 July 2024 or it will be treated as unwanted rubbish and removed so that the repeatedly delayed demolition works can begin at the property.

Order

The tenancy of David Neale at 15 Waikaukau Road, Glen Eden, Auckland 0602 is terminated, and possession is granted to Vector Limited, at 11:59pm on Friday 5 July 2024.

Reasons

Both parties attended the hearing.
The landlord has applied for possession of the premises following the termination of the tenancy.
The landlord issued a 90-day notice to the tenant on 30 November 2023 terminating the tenancy on 26 February 2024 for the purposes of demolishing the premises because the land has been purchased by the landlord for the purpose of housing a future electricity substation as part of its future electricity network operational requirements.
The tenant informed the landlord he was having difficulty in finding alternative accommodation. He has lived at the property for nearly 30 years and has three decades of accumulated belongings he cannot afford to move or store. He also has a cat and some plants that need housing, and he has found rents much higher than the rent he has been paying to date. In response the landlord provided the tenant with a letter, dated, 8 March 2024 that extended the vacate date to Friday 26 April 2024, to allow the tenant more time to find a place to live.
Vector Limited claims the tenant did not vacate the premises on Friday 26 April 2024, the date the tenancy ended and has confirmed today that the tenant is still residing at the premises and not showing any signs that he is in any closer to being able to move out than when the landlord first gave him notice terminating the tenancy.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 198 (RTA).
The evidence presented to me today shows the tenant has failed to quit the premise upon termination of the tenancy without reasonable excuse and, as such, has committed intentionally breached his obligations under section 40(1)(e)(i) of the RTA.
The tenant’s breach of his obligations to the landlord upon termination of the tenancy has caused the landlord the stress and inconvenience of having to apply to the Tribunal for an eviction order and attend a Tribunal hearing. The breach has also delayed the works it needs to undertake to meet its electricity network operational requirements. The landlord says the house needs to be demolished before the geo technical work can commence and that geo technical work was supposed to have commenced last month.
The landlord has not sought exemplary damages for the tenant’s failure to quit the premises upon termination of the tenancy, and could have, nor has it sought reimbursement for the filing fee. It has also confirmed today it will dispose of any property and rubbish left behind by the tenant without on charging that cost to the tenant. It has however also confirmed that where the tenant has not removed any of his belongings he wants to keep, these items will be disposed of in a skip bin along with any rubbish he does not want to keep.
I find that the landlord has given the tenant a generous extension of time to find alternative accommodation and it is equitable in all the circumstances for me to now terminate the tenancy and grant possession to the landlord.
The tenant has been put on notice today that the landlord will not be storing any belongings or selling them on his behalf after 12 July 2024. The tenant has confirmed he understands that he needs to have removed anything he wants to keep from the property by Friday 12 July 2024 or it will be treated as unwanted rubbish and removed so that the repeatedly delayed demolition works can begin at the property.

Tenancy Tribunal case 4877301 — Exemplary damages at 15 Waikaukau Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4877301 — Exemplary damages at 15 Waikaukau Road, Glen Eden, Auckland 0602

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