What was the outcome of Tenancy Tribunal case 4910893?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4910893?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4910893?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4910893?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10749954-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4910893?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4910893?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4910893?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4910893?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10749954-Tenancy_Tribunal_Order.pdf.

158 Ettrick Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 4910893 — Healthy homes

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Reasons

Both parties attended the hearing.

Both parties filed claims in the Tenancy Tribunal that were determined with an order made dated 4 June 2024.

Originally the tenant was given a 90 day notice to terminated, she found alternative accommodation and gave 28 days notice. There was agreement for the tenancy to come to an end on the 24 May 2024.

The tenant has bought a claim today to say that the original notice was ‘illegal’ as the owner has not listed it for sale and it is again tenanted.

Given the evidence before me I am satisfied that the notice was correctly given as the property was listed for sale on 26 March 2024 and remains on the market. The landowner has tenanted the property pending sale.

The claim is therefore dismissed.

The issues of clean up costs were also addressed at the original hearing and consent was reached as to the amount and ordered accordingly.

The tenant now claims that when she drove past the property there was more rubbish in the pile that she had created when she left so therefore the amount she had agreed to should be less as it included rubbish that was there before she moved in.

In essence it appears that the tenant is wishing to appeal the decision of the costs that she actually agreed to. This matter having already been determined. Therefore, the claim that is before me to have money refunded for the rubbish removal that was ordered on 4 June is dismissed.

I asked the tenant what further claims she sort today, and she could not recall as she did not have her application before her. I said that she mentions breaching Healthy Homes Standards and she replied that it was the issues we had dealt with at the earlier hearing and at that hearing her claim was dismissed.

This application is not an application for a rehearing nor an appeal. The property manager was concerned that this application had been filed and made it clear that this should be the end of all matters and I agree. The tenant has had the opportunity to bring her claim for this property before the Tribunal and has done so.

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

Given the evidence and submissions before me I am not satisfied that the claim for $6500.00 exemplary damages is proven, and the claim is dismissed.

Reasons

Both parties attended the hearing.

Both parties filed claims in the Tenancy Tribunal that were determined with an order made dated 4 June 2024.

Originally the tenant was given a 90 day notice to terminated, she found alternative accommodation and gave 28 days notice. There was agreement for the tenancy to come to an end on the 24 May 2024.

The tenant has bought a claim today to say that the original notice was ‘illegal’ as the owner has not listed it for sale and it is again tenanted.

The claim is therefore dismissed.

The issues of clean up costs were also addressed at the original hearing and consent was reached as to the amount and ordered accordingly.

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

Given the evidence and submissions before me I am not satisfied that the claim for $6500.00 exemplary damages is proven, and the claim is dismissed.

Tenancy Tribunal case 4910893 — Healthy homes at 158 Ettrick Street, Appleby, Invercargill 9812

At a glance

Tenancy Tribunal case 4910893 — Healthy homes at 158 Ettrick Street, Appleby, Invercargill 9812

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions