How much money was awarded in case 5073608?

Belair Apartments At 5pm On Wednesda…: $27.00 awarded to landlord

What type of tenancy dispute was case 5073608?

The dispute type was not classified.

Where can I read the official tribunal order for case 5073608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11244489-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5073608?

Belair Apartments At 5pm On Wednesda…: $27.00 awarded to landlord

What type of tenancy dispute was case 5073608?

The dispute type was not classified.

Where can I read the official tribunal order for case 5073608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11244489-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 257 Fenton Street, Victoria, Rotorua 3010, Tenancy Tribunal Case 5073608 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 5073608?

The tribunal order states: Eves Realty Limited As Agent For East Group Ltd is granted possession of the

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Order

Claims and awards in Tenancy Tribunal application 5073608. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Belair Apartments at 5pm on Wednesday 8 January 2025. 2. Hua Li is to pay Eves Realty Limited As Agent For East Group Lt	$27.00		Belair Apartments at 5pm on Wednesday 8 January 2025. 2. Hua Li is to pay Eves Realty Limited As Agent For East Group Lt

Eves Realty Limited As Agent For East Group Ltd is granted possession of the premises at Unit/Flat 8, 257 Fenton Street, Victoria, Rotorua 3010, Belair Apartments at 5pm on Wednesday 8 January 2025.

Hua Li is to pay Eves Realty Limited As Agent For East Group Ltd $27.00 immediately, being a reimbursement of the filing fee.

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for possession of the premises following the termination of the tenancy. Under section 64(1) of the Residential Tenancies Act 1986 (RTA), a landlord may apply for a possession order within 90 days of the tenancy ending. The tenancy in this case ended on 18 October 2024, which is within the required timeframe, and the statutory requirements are satisfied.

The tenant has acknowledged receipt of the landlord’s notice to terminate the tenancy but has explained the challenges he faces in securing alternative accommodation. These include his limited English skills, difficulty navigating processes to access support, and frustration with the limited assistance available. The Ministry of Social Development (MSD) has been involved, but the accommodation they have proposed—a backpackers—has been deemed unsuitable by both the tenant and the landlord’s agent, who has expressed concern for the tenant’s safety and well-being.

The landlord’s agent has demonstrated understanding and a willingness to assist the tenant within her capacity, including offering to provide details of a potentially suitable property and making herself available for discussions with MSD. This reflects a reasonable effort to mitigate the impact on the tenant while upholding the landlord’s legal right to possession of the property.

While the Tribunal is sympathetic to the tenant’s situation, it is bound by the RTA, which does not allow for personal circumstances to outweigh the landlord’s right to possession once a tenancy has lawfully terminated. The landlord has met the legal requirements for a possession order under section 64 of the RTA, and the tenant’s ongoing occupation of the premises infringes on the landlord’s rights.

To balance the need to enforce the landlord’s rights with the tenant’s challenging circumstances, the possession order is deferred until 8 January 2025. This deferral provides the tenant additional time to engage further with MSD and secure suitable accommodation. The Tribunal encourages the tenant to utilise the assistance offered by the landlord’s agent and the support services available through MSD during this period.

As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5073608. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Belair Apartments at 5pm on Wednesday 8 January 2025. 2. Hua Li is to pay Eves Realty Limited As Agent For East Group Lt	$27.00		Belair Apartments at 5pm on Wednesday 8 January 2025. 2. Hua Li is to pay Eves Realty Limited As Agent For East Group Lt

Eves Realty Limited As Agent For East Group Ltd is granted possession of the premises at Unit/Flat 8, 257 Fenton Street, Victoria, Rotorua 3010, Belair Apartments at 5pm on Wednesday 8 January 2025.

Hua Li is to pay Eves Realty Limited As Agent For East Group Ltd $27.00 immediately, being a reimbursement of the filing fee.

Reasons

Both parties attended the hearing which was held by teleconference.

As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5073608 — Tenancy dispute at Unit/Flat 8, 257 Fenton Street, Victoria, Rotorua 3010,

At a glance

Tenancy Tribunal case 5073608 — Tenancy dispute at Unit/Flat 8, 257 Fenton Street, Victoria, Rotorua 3010,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions