What was the outcome of Tenancy Tribunal case 4895760?

The tribunal order states: The tenancy of Campbell Fogarty at Unit/Flat 87, 134 Dixon Street, Te Aro,

How much money was awarded in case 4895760?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4895760?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4895760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10469614-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4895760?

The tribunal order states: The tenancy of Campbell Fogarty at Unit/Flat 87, 134 Dixon Street, Te Aro,

How much money was awarded in case 4895760?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4895760?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4895760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10469614-Tenancy_Tribunal_Order.pdf.

Unit/Flat 87, 134 Dixon Street, Te Aro, Wellington 6011, Tenancy Tribunal Case 4895760 — Healthy homes

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Reasons

Both parties attended the hearing which was held by teleconference. Kāinga Ora–Homes And Communities was represented by Ms Smith.

The landlord has applied for possession of the premises under the Residential Tenancies Act,1986, (the “RTA”) section 53B.

Ms Smith stated that Kāinga Ora–Homes And Communities is seeking possession of the entire complex known as the Dixon Street Flats in order to undertake earthquake strengthening work, and also to bring the flats up to Healthy Homes standards.

Mr Fogarty stated that he considered Kāinga Ora–Homes And Communities had not met their own requirements, and that having to move would be difficult for him.

Section 53B of the RTA sets out special provisions for notice terminating social housing tenancies. It requires the tenancy to have been granted under the Public and Social Housing Management Act, 1992 which Ms Smith stated was the Act previously known as the Housing Restructuring and Tenancy Matters Act, 1992. This is the Act that Mr Fogarty’s tenancy was granted under.

Section 53B of the RTA also requires the social housing provider requires the tenant to move to different social housing provided by the same provider for any reason, and that the other housing is appropriate for the tenant’s needs.

I am satisfied that these provisions are met.

Ms Smith stated that Mr Fogarty had a preference to live closer to town, and when a premises closer to town became available, it would be offered to Mr Fogarty. In the meantime, another premises was available for Mr Fogarty to move into immediately.

Ms Smith stated that movers could help Mr Fogarty move on Thursday 20 June 2024 in the afternoon. Mr Fogarty said this was a timeframe that was acceptable to him.

Reasons

Both parties attended the hearing which was held by teleconference. Kāinga Ora–Homes And Communities was represented by Ms Smith.

The landlord has applied for possession of the premises under the Residential Tenancies Act,1986, (the “RTA”) section 53B.

Mr Fogarty stated that he considered Kāinga Ora–Homes And Communities had not met their own requirements, and that having to move would be difficult for him.

I am satisfied that these provisions are met.

Ms Smith stated that movers could help Mr Fogarty move on Thursday 20 June 2024 in the afternoon. Mr Fogarty said this was a timeframe that was acceptable to him.

Tenancy Tribunal case 4895760 — Healthy homes at Unit/Flat 87, 134 Dixon Street, Te Aro, Wellington 6011,

At a glance

Tenancy Tribunal case 4895760 — Healthy homes at Unit/Flat 87, 134 Dixon Street, Te Aro, Wellington 6011,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions