What was the outcome of Tenancy Tribunal case 4879036?

The tribunal order states: Henton Farm Trusts, Earl Rodger Henton And Stefan Morris Henton And

How much money was awarded in case 4879036?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4879036?

The dispute type was not classified.

Where can I read the official tribunal order for case 4879036?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10441615-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4879036?

The tribunal order states: Henton Farm Trusts, Earl Rodger Henton And Stefan Morris Henton And

How much money was awarded in case 4879036?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4879036?

The dispute type was not classified.

Where can I read the official tribunal order for case 4879036?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10441615-Tenancy_Tribunal_Order.pdf.

242 Meadway Road, Ngahinapouri, Ohaupo 3883 Tenancy Tribunal Case 4879036 — Tenancy dispute

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Reasons

Both parties attended the hearing. Mr Earl Henton represented the Trust.

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

A 90 day notice ending the tenancy because the premises are going on the market for sale was served on the tenant on 23 January 2024. The last day on the notice was 25 April 2024. The service of this notice complies with the Residential Tenancies Act 1986 (RTA). See section 136 RTA.

The representative for the Trust explained the sales process so far and that they had an appraisal and a marketing plan done before the notice was given. The agent’s advice is to take possession, tidy the section, remove some trees and put the house on the market for sale within the 90 days specified in the RTA. It seems most likely to me the notice was given for a valid reason. See section 51(2) RTA.

The tenant should have moved out by now, but he is still living at the premises. He explained that the move has taken a long time because of the infrastructure he has put in place over the 17 years he has lived there. He understands that a possession order must be made, and he said he will be all moved out by Sunday 16 June. I have advised him that he will not be able to return after the landlord has possession.

I find the tenancy ended on 25 April 2024 which is less than 90 days ago. The requirements of section 64(1) of the RTA are satisfied and the landlord is granted possession.

The landlord has not made an application for suppression. I can consider suppression for the tenant, but I am not using my discretion because the tenant should have moved out before the hearing and there is public interest in his name if there has been a breach of the RTA. See section 95A RTA.

Reasons

Both parties attended the hearing. Mr Earl Henton represented the Trust.

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

I find the tenancy ended on 25 April 2024 which is less than 90 days ago. The requirements of section 64(1) of the RTA are satisfied and the landlord is granted possession.

Tenancy Tribunal case 4879036 — Tenancy dispute at 242 Meadway Road, Ngahinapouri, Ohaupo 3883

At a glance

Claims & awards

Tenancy Tribunal case 4879036 — Tenancy dispute at 242 Meadway Road, Ngahinapouri, Ohaupo 3883

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