How much money was awarded in case 5424629?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5424629?

The dispute type was not classified.

Where can I read the official tribunal order for case 5424629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13047019-Tribunal_Order.pdf.

How much money was awarded in case 5424629?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5424629?

The dispute type was not classified.

Where can I read the official tribunal order for case 5424629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13047019-Tribunal_Order.pdf.

8 Hilda Road, Favona, Auckland 2024 Tenancy Tribunal Case 5424629 — Tenancy dispute

Q: What was the outcome of Tenancy Tribunal case 5424629?

The tribunal order states: Kāinga Ora–Homes And Communities is granted possession of the premises at

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Order

contains a date error. Kāinga Ora–Homes And Communities is granted possession of the premises at 8 Hilda Road, Favona, Auckland 2024 at midnight on Tuesday 3 February 2026 and not Tuesday 2 February 2026 as stated. The order is amended accordingly. No other changes are made.

ORDER

Kāinga Ora–Homes And Communities is granted possession of the premises at 8 Hilda Road, Favona, Auckland 2024 at midnight on Tuesday 3 February 2026.

Reasons

On 12 January 2026, the landlord filed an application seeking possession of the premises following termination of the tenancy.

The hearing proceeded by way of video conference. Ms Smith, Tribunal Adviser, appeared on behalf of the landlord. The tenant appeared. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

Should possession be granted?

The tenancy commenced on 17 August 2018 and is periodic.

On 15 September 2025, in accordance with section 51(1) of the Act, the landlord served a 90-day notice terminating the tenancy. The Tribunal was told the landlord requires possession of the property as the area is being redeveloped.

The notice required possession of the property on 18 December 2025.

On 17 December 2025, with the consent of the tenant, the landlord extended the 90-day notice period to 20 January 2026. The landlord has been unable to source suitable alternative accommodation for the tenant in their preferred location. The landlord now requires possession of the property.

The tenancy ended on 20 January 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

The landlord seeks possession of the property seven days from the date of hearing. The tenant advised the Tribunal that she requires time to remove her belonging. Having heard from the parties the Tribunal is satisfied that it is appropriate to grant the landlord possession of the property at midnight on Tuesday 3 February 2026.

Order

ORDER

Kāinga Ora–Homes And Communities is granted possession of the premises at 8 Hilda Road, Favona, Auckland 2024 at midnight on Tuesday 3 February 2026.

Reasons

On 12 January 2026, the landlord filed an application seeking possession of the premises following termination of the tenancy.

The hearing proceeded by way of video conference. Ms Smith, Tribunal Adviser, appeared on behalf of the landlord. The tenant appeared. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

Should possession be granted?

The tenancy commenced on 17 August 2018 and is periodic.

The notice required possession of the property on 18 December 2025.

The tenancy ended on 20 January 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

Tenancy Tribunal case 5424629 — Tenancy dispute at 8 Hilda Road, Favona, Auckland 2024

At a glance

Claims & awards

Tenancy Tribunal case 5424629 — Tenancy dispute at 8 Hilda Road, Favona, Auckland 2024

At a glance

Claims & awards

Order

ORDER

Reasons

Should possession be granted?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

ORDER

Reasons

Should possession be granted?

Topics & place

Residential Tenancies Act sections

Frequently asked questions