What was the outcome of Tenancy Tribunal case 5167875?

The tribunal order states: Ngati Hine Health Trust is granted possession of the premises at Unit/Flat 4, 47-

How much money was awarded in case 5167875?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5167875?

The dispute type was not classified.

Where can I read the official tribunal order for case 5167875?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11679303-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5167875?

The tribunal order states: Ngati Hine Health Trust is granted possession of the premises at Unit/Flat 4, 47-

How much money was awarded in case 5167875?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5167875?

The dispute type was not classified.

Where can I read the official tribunal order for case 5167875?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11679303-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 47-49 Mill Rd, Whangarei 0110 Tenancy Tribunal Case 5167875 — Tenancy dispute

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Reasons

Both parties attended the hearing by telephone.

The landlord has applied for possession of the premises following the termination of the tenancy.

The landlord provided evidence that the tenant gave written notice on 14 January 2025 to terminate the tenancy on 11 February 2025.

The tenant gave evidence that he is illiterate and the letter of termination was prepared by an employee of the landlord and he just signed it. He confirmed that he understood what he was signing and that it would end his tenancy. He explained that he signed the letter on the understanding that the landlord would provide him with alternative accommodation. He confirmed that he had nowhere to go.

The landlord denied that it had made any promise to provide the tenant with alternative accommodation. It explained that the tenant agreed to sign the letter terminating the tenancy to avoid the landlord making an application to terminate the tenancy on other grounds.

The landlord advised that it had agreed to help the tenant find alternative accommodation. It had assisted the tenant in making an application to MSD for emergency housing and assistance in moving, but the applications had been unsuccessful.

The landlord advised that it rented the property from its owner and had sublet the property to the tenant. It has arranged to hand the property back to the owner and could not allow the tenant to remain in the property any longer. It is seeking immediate termination. Discussion and decision

The tenant’s notice to terminate is clear and does not include any wording that suggests that the termination was conditional on the landlord providing alternative accommodation for the tenant. In the absence of documentary evidence which includes a condition, the Tribunal accepts the landlord’s written evidence of the termination. The termination notice was therefore valid.

Once a tenant has given an effective termination notice, it cannot be revoked or cancelled without the landlord’s consent.

The landlord has made it clear that it does not consent to the revocation of the tenant’s notice.

In accordance with the tenant’s notice, the tenancy ended on 11 February 2025 which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied. The Tribunal is therefore required to grant the landlord’s application for possession.

Reasons

Both parties attended the hearing by telephone.

The landlord has applied for possession of the premises following the termination of the tenancy.

The landlord provided evidence that the tenant gave written notice on 14 January 2025 to terminate the tenancy on 11 February 2025.

Once a tenant has given an effective termination notice, it cannot be revoked or cancelled without the landlord’s consent.

The landlord has made it clear that it does not consent to the revocation of the tenant’s notice.

Tenancy Tribunal case 5167875 — Tenancy dispute at Unit/Flat 4, 47-49 Mill Rd, Whangarei 0110

At a glance

Claims & awards

Tenancy Tribunal case 5167875 — Tenancy dispute at Unit/Flat 4, 47-49 Mill Rd, Whangarei 0110

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions