How much money was awarded in case 4914193?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4914193?

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

Where can I read the official tribunal order for case 4914193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10522234-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4914193?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4914193?

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

Where can I read the official tribunal order for case 4914193?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10522234-Tenancy_Tribunal_Order.pdf.

335 High Street, Motueka, Motueka 7120 Tenancy Tribunal Case 4914193 — Healthy homes

Q: What was the outcome of Tenancy Tribunal case 4914193?

The tribunal order states: The termination notice of the landlord is varied so that it expired on 31 May

Order

The termination notice of the landlord is varied so that it expired on 31 May 2024.

Possession of 335 High Street, Motueka 7120 is granted to the landlord at 5 pm Tuesday 9 July 2024.

The landlord will not be liable under this tenancy for exemplary damages or compensation for its noncompliance with the Healthy Homes Standards from 1 July 2024 until it gains possession of the premises.

Reasons

Both parties attended the hearing by telephone.

The landlord has given the tenant notice on 1 March 2024 to terminate the tenancy under section 59B Residential Tenancies Act 1986 (“RTA”).

This section provides that a landlord under a social housing tenancy may terminate a periodic tenancy by giving at least 90 days’ notice if the landlord requires the tenant to transfer to a different property provided by the landlord, because it considers that the transfer is “necessary or desirable for any reason” and the housing is appropriate for the tenant’s needs as assessed by the landlord.

The landlord explained that it needed to comply with the Healthy Homes Standards (“HHS”) by 1 July 2024 and provided written evidence that it has had difficulties obtaining access to the property and gaining the cooperation of the tenant.

The tenant denied this at the hearing, but the landlord advised that this remained the issue and that it was seeking possession of the premises pursuant to section 64 RTA now that the notice period had expired.

The landlord has provided two properties for the tenant to transfer to but the tenant has rejected both properties. The landlord confirmed that one of those properties was still available.

It is not for the Tribunal to consider the reasons for the transfer or whether the alternative housing offered meets housing needs.

It is for the Tribunal to determine whether the termination notice was valid and therefore whether the possession order should be granted.

The landlord’s written notice stated that the 90 day period expired on 30 May 2024. The landlord explained that it discovered that this was incorrect on 10 June 2024. The correct date for the expiry of the 90 day period expired was 31 May 2024. The notice was incorrect by one day.

The landlord requested that the Tribunal use its discretion under section 51 RTA and consent to the extension of time given in the notice by one day to 31 May 2024 on the basis that: a. The error was inadvertent. b. The landlord sought to correct the error as soon as practicable after recognising it. c. It would not be unfair to vary the original notice to show a termination date of 31 May 2024 because the tenant has had a full month since the expiry date to transfer from the property.

The Tribunal is satisfied that in these circumstances it is appropriate to consent to the variation of the termination notice so that the date is changed to 31 May 2024.

The tenancy ended on 31 May 2024. This is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

It is therefore appropriate that an order be made granting possession to the landlord at 5 pm on Tuesday 9 July 2024.

Because the landlord has used its best endeavours to make the premises compliant with the HHS by 1 July 2024, it is appropriate that the Tribunal use its power under section 77(2)(j) RTA and order that the landlord shall not be liable for any claims for compensation or exemplary damages because it has not complied with the HHS from 1 July 2024 until it obtains possession of the premises.

Order

The termination notice of the landlord is varied so that it expired on 31 May 2024.
Possession of 335 High Street, Motueka 7120 is granted to the landlord at 5 pm Tuesday 9 July 2024.
The landlord will not be liable under this tenancy for exemplary damages or compensation for its noncompliance with the Healthy Homes Standards from 1 July 2024 until it gains possession of the premises.

Reasons

Both parties attended the hearing by telephone.
The landlord has given the tenant notice on 1 March 2024 to terminate the tenancy under section 59B Residential Tenancies Act 1986 (“RTA”).
This section provides that a landlord under a social housing tenancy may terminate a periodic tenancy by giving at least 90 days’ notice if the landlord requires the tenant to transfer to a different property provided by the landlord, because it considers that the transfer is “necessary or desirable for any reason” and the housing is appropriate for the tenant’s needs as assessed by the landlord.
The landlord explained that it needed to comply with the Healthy Homes Standards (“HHS”) by 1 July 2024 and provided written evidence that it has had difficulties obtaining access to the property and gaining the cooperation of the tenant.
The tenant denied this at the hearing, but the landlord advised that this remained the issue and that it was seeking possession of the premises pursuant to section 64 RTA now that the notice period had expired.
The landlord has provided two properties for the tenant to transfer to but the tenant has rejected both properties. The landlord confirmed that one of those properties was still available.
It is not for the Tribunal to consider the reasons for the transfer or whether the alternative housing offered meets housing needs.
It is for the Tribunal to determine whether the termination notice was valid and therefore whether the possession order should be granted.
The landlord’s written notice stated that the 90 day period expired on 30 May 2024. The landlord explained that it discovered that this was incorrect on 10 June 2024. The correct date for the expiry of the 90 day period expired was 31 May 2024. The notice was incorrect by one day.
The landlord requested that the Tribunal use its discretion under section 51 RTA and consent to the extension of time given in the notice by one day to 31 May 2024 on the basis that: a. The error was inadvertent. b. The landlord sought to correct the error as soon as practicable after recognising it. c. It would not be unfair to vary the original notice to show a termination date of 31 May 2024 because the tenant has had a full month since the expiry date to transfer from the property.
The Tribunal is satisfied that in these circumstances it is appropriate to consent to the variation of the termination notice so that the date is changed to 31 May 2024.
The tenancy ended on 31 May 2024. This is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
It is therefore appropriate that an order be made granting possession to the landlord at 5 pm on Tuesday 9 July 2024.
Because the landlord has used its best endeavours to make the premises compliant with the HHS by 1 July 2024, it is appropriate that the Tribunal use its power under section 77(2)(j) RTA and order that the landlord shall not be liable for any claims for compensation or exemplary damages because it has not complied with the HHS from 1 July 2024 until it obtains possession of the premises.

Tenancy Tribunal case 4914193 — Healthy homes at 335 High Street, Motueka, Motueka 7120

At a glance

Tenancy Tribunal case 4914193 — Healthy homes at 335 High Street, Motueka, Motueka 7120

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