What was the outcome of Tenancy Tribunal case 4903733?

The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at 8

How much money was awarded in case 4903733?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4903733?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4903733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10553340-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4903733?

The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at 8

How much money was awarded in case 4903733?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4903733?

The primary dispute was Healthy homes.

Where can I read the official tribunal order for case 4903733?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10553340-Tenancy_Tribunal_Order.pdf.

8 Radnor Place, Highbury, Palmerston North 4412 Tenancy Tribunal Case 4903733 — Healthy homes

Order

Kāinga Ora–Homes And Communities is granted possession of the premises at 8 Radnor Place, Highbury, Palmerston North 4412 at 23:59 hours Sunday 14 July 2024.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for possession of the premises following the termination of the tenancy. This tenancy commenced 7 June 2000.
In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered where applicable.
The landlord served a 90-day notice on 1 March 2024 which terminated the tenancy from 4 June 2024. The termination notice relied on section 53B of the Residential Tenancies Act 1986 (RTA).
Section 53B RTA provides (in part – key sections bolded for emphasis): (1)The landlord under a periodic tenancy may terminate the tenancy by giving at least 90 days’ notice if— (a)the tenancy— (i)was granted before 14 April 2014 and is a tenancy of Kāinga Ora housing; or (ii)was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992 as eligible to be allocated social housing; but (b)following the grant of the tenancy,— (i)the social housing provider is notified under section 103 of that Act that the tenant is no longer eligible for social housing; or (ii)in the case of community housing, the community housing provider ceases to be a registered community housing provider; or (iii)the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that— (A)the transfer is necessary or desirable for any reason; and (B)the other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place).
In essence, this section enables a social housing periodic tenancy (as defined in the section) to be terminated by the landlord on 90 days’ notice if the tenant is no longer eligible for social housing or, the social housing provider requires or desires the tenant to transfer to a different social housing, or, in the case of community housing, the provider ceases to be a registered community housing provider. The landlord’s position
The landlord says it needs the tenant to transfer to other social housing provided by the landlord, because the landlord wants to undertake work to the property to comply with the Healthy Homes Standards that it has not been able to undertake.
The landlord says they have another suitable property available for the tenant to move into. The tenant’s position
The tenant queried the ownership of the premises, claiming an ownership interest. Provision was made after the hearing for the landlord to provide both me and the tenant with a certificate of title. This has been provided and I am satisfied the landlord is the owner and entitled to seek a possession order.
The tenant also says that the landlord has had access to her home for some maintenance. That was agreed by the landlord, but the issue of the remaining tasks and access have been a challenge for the landlord.
References to a number of other tenancy matters were raised by the tenant but none of these provide a defence to the landlord’s right to a possession order after suitable notice. The tenant should lodge her own application if the landlord has failed in its obligations. Analysis
I accept that this is a social housing tenancy to which s 53B, RTA does apply.
The termination notice gave the tenant 90 days’ notice and set out that “You will be offered another property that meets your needs prior to this tenancy ending”. It set out what would happen next in terms of the tenant being offered an alternative property.
I find that this is sufficient to satisfy the provisions of section 53B, RTA as it does not require that the proposed transfer address be set out in the 90-day notice.
The legislative intent was to be able to allow social housing providers to give notice to terminate a tenancy when there has been a decision by them that there is desirability or necessity of transfer and there is appropriate housing for transfer. I find that the landlord here is simply required to have the desire or necessity for the transfer, and to be sufficient certain of a transfer to suitable housing as assessed. That then needs to be appropriately notified to tenant. The fact that a transfer to suitable housing was sufficiently certain is shown by the offer of the house on 4 April 2024. I have no reason to find it was not suitable. This offer was made to the tenant via text and no reply from the tenant was received.
The tenant also challenges the landlord’s reason for the transfer, but I find this also cannot be successful. This is because that is a decision for the social housing provider and not the Tribunal.
I find that it is not for the Tribunal to consider the reasons for the transfer. There is no reason to doubt that the housing offered is suitable according to tenant’s housing needs as assessed.
I find that the termination notice is valid. This means that the tenancy ended on 4 June 2024. This is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
At the hearing the landlord expressed that there was a suitable home still available for the tenant to move into. I have granted the landlord possession from Monday 15 July 2024 to allow the tenant time to discuss with the landlord the possibility of transferring into that, or other, new accommodation.

Order

Kāinga Ora–Homes And Communities is granted possession of the premises at 8 Radnor Place, Highbury, Palmerston North 4412 at 23:59 hours Sunday 14 July 2024.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for possession of the premises following the termination of the tenancy. This tenancy commenced 7 June 2000.
In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered where applicable.
The landlord served a 90-day notice on 1 March 2024 which terminated the tenancy from 4 June 2024. The termination notice relied on section 53B of the Residential Tenancies Act 1986 (RTA).
Section 53B RTA provides (in part – key sections bolded for emphasis): (1)The landlord under a periodic tenancy may terminate the tenancy by giving at least 90 days’ notice if— (a)the tenancy— (i)was granted before 14 April 2014 and is a tenancy of Kāinga Ora housing; or (ii)was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992 as eligible to be allocated social housing; but (b)following the grant of the tenancy,— (i)the social housing provider is notified under section 103 of that Act that the tenant is no longer eligible for social housing; or (ii)in the case of community housing, the community housing provider ceases to be a registered community housing provider; or (iii)the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that— (A)the transfer is necessary or desirable for any reason; and (B)the other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place).
In essence, this section enables a social housing periodic tenancy (as defined in the section) to be terminated by the landlord on 90 days’ notice if the tenant is no longer eligible for social housing or, the social housing provider requires or desires the tenant to transfer to a different social housing, or, in the case of community housing, the provider ceases to be a registered community housing provider. The landlord’s position
The landlord says it needs the tenant to transfer to other social housing provided by the landlord, because the landlord wants to undertake work to the property to comply with the Healthy Homes Standards that it has not been able to undertake.
The landlord says they have another suitable property available for the tenant to move into. The tenant’s position
The tenant queried the ownership of the premises, claiming an ownership interest. Provision was made after the hearing for the landlord to provide both me and the tenant with a certificate of title. This has been provided and I am satisfied the landlord is the owner and entitled to seek a possession order.
The tenant also says that the landlord has had access to her home for some maintenance. That was agreed by the landlord, but the issue of the remaining tasks and access have been a challenge for the landlord.
References to a number of other tenancy matters were raised by the tenant but none of these provide a defence to the landlord’s right to a possession order after suitable notice. The tenant should lodge her own application if the landlord has failed in its obligations. Analysis
I accept that this is a social housing tenancy to which s 53B, RTA does apply.
The termination notice gave the tenant 90 days’ notice and set out that “You will be offered another property that meets your needs prior to this tenancy ending”. It set out what would happen next in terms of the tenant being offered an alternative property.
I find that this is sufficient to satisfy the provisions of section 53B, RTA as it does not require that the proposed transfer address be set out in the 90-day notice.
The legislative intent was to be able to allow social housing providers to give notice to terminate a tenancy when there has been a decision by them that there is desirability or necessity of transfer and there is appropriate housing for transfer. I find that the landlord here is simply required to have the desire or necessity for the transfer, and to be sufficient certain of a transfer to suitable housing as assessed. That then needs to be appropriately notified to tenant. The fact that a transfer to suitable housing was sufficiently certain is shown by the offer of the house on 4 April 2024. I have no reason to find it was not suitable. This offer was made to the tenant via text and no reply from the tenant was received.
The tenant also challenges the landlord’s reason for the transfer, but I find this also cannot be successful. This is because that is a decision for the social housing provider and not the Tribunal.
I find that it is not for the Tribunal to consider the reasons for the transfer. There is no reason to doubt that the housing offered is suitable according to tenant’s housing needs as assessed.
I find that the termination notice is valid. This means that the tenancy ended on 4 June 2024. This is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
At the hearing the landlord expressed that there was a suitable home still available for the tenant to move into. I have granted the landlord possession from Monday 15 July 2024 to allow the tenant time to discuss with the landlord the possibility of transferring into that, or other, new accommodation.

Tenancy Tribunal case 4903733 — Healthy homes at 8 Radnor Place, Highbury, Palmerston North 4412

At a glance

Tenancy Tribunal case 4903733 — Healthy homes at 8 Radnor Place, Highbury, Palmerston North 4412

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