What was the outcome of Tenancy Tribunal case 5261480?

The tribunal order states: The fixed term tenancy between the parties is changed to a periodic tenancy

How much money was awarded in case 5261480?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5261480?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5261480?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12303924-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5261480?

The tribunal order states: The fixed term tenancy between the parties is changed to a periodic tenancy

How much money was awarded in case 5261480?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5261480?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5261480?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12303924-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 311B, 15 Union Street, Auckland Central, Tenancy Tribunal Case 5261480 — Cleanliness

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Reasons

Both parties attended the hearing by teleconference facility.

The tenant has bought a claim seeking a refund of rent payments and a termination of her fixed term tenancy.

The basis of the claim is that the tenant applied for the property on what she said was the basis that the property had a pool, sauna and gym contained in the complex. The advertisement was on trade me and whilst the particular advertisement is no longer available to view, the current listings that other companies are using show photos of the sauna, pool and gym.

The tenant advised that she was shown through the complex, shown the pool and sauna and the gym. On the door of the gym was a sign saying closed for maintenance.

Having been in the apartment for three months the tenant made enquiries about the opening of the gym.

She was advised that the gym had in fact been closed for some time and the room changed into another office.

The tenant claims that the pool at times was not able to be used and that the sauna times have changed so that it is only able to be used when she is at work. Further that he swipe card failed to work for about four weeks after she made the complaint and started going after she filed this claim.

The advertising appears to have been misleading and maybe an issue for another jurisdiction. Unfortunately, the tenancy agreement was silent on the issue of the pool, sauna and gym being included in the tenancy. It did refer to the cleaning of the pool which was the body corps responsibility not the named respondent in these proceedings. The applicant contracted out of the responsibility for the maintenance and cleaning of the pool as is the norm. This was the body corps responsibility.

On this basis I am not satisfied on the balance of probabilities that the claim is proven.

What the parties agreed on was the tenant’s ability to be able to move on and given notice under a periodic tenancy. They agreed therefore for the tenancy to become periodic, to enable the tenant to be able to find alternative accommodation give notice and move out.

Reasons

Both parties attended the hearing by teleconference facility.

The tenant has bought a claim seeking a refund of rent payments and a termination of her fixed term tenancy.

The tenant advised that she was shown through the complex, shown the pool and sauna and the gym. On the door of the gym was a sign saying closed for maintenance.

Having been in the apartment for three months the tenant made enquiries about the opening of the gym.

She was advised that the gym had in fact been closed for some time and the room changed into another office.

On this basis I am not satisfied on the balance of probabilities that the claim is proven.

Tenancy Tribunal case 5261480 — Cleanliness at Unit/Flat Unit 311B, 15 Union Street, Auckland Central,

At a glance

Tenancy Tribunal case 5261480 — Cleanliness at Unit/Flat Unit 311B, 15 Union Street, Auckland Central,

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