What was the outcome of Tenancy Tribunal case 9052424?

The tribunal order states: The body corporate’s application is dismissed.

How much money was awarded in case 9052424?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9052424?

The primary dispute was Unit Titles. Related themes: Costs.

Where can I read the official tribunal order for case 9052424?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10480271-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9052424?

The tribunal order states: The body corporate’s application is dismissed.

How much money was awarded in case 9052424?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9052424?

The primary dispute was Unit Titles. Related themes: Costs.

Where can I read the official tribunal order for case 9052424?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10480271-UTA_Tribunal_Order.pdf.

where smoking Tenancy Tribunal Case 9052424 — Unit Titles

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Reasons

Sandy Wu of Boutique Body Corporates Limited attended the hearing for the body corporate.

Michael Sinclair attended for himself.

The body corporate seeks an order from the Tribunal “requiring he landlord to direct the removal of the tenant on the basis of the tenant’s failure to comply with the Body Corporate’s operational rules”.

Mr Sinclair lets the premises to a social housing provider. The social housing provider sublets to the tenant.

The tenant has for a long time repeatedly smoked in the unit address, which may be in breach of the operational rules. The tenant continues to smoke in the unit address despite the body corporate issuing breach notices and charging Mr Sinclair for its costs related to the breaches, and despite the sublandlord, the social housing provider, issuing the tenant with a 14-day notice for the smoking, and exploring relocating the tenant to another tenancy address where smoking may be tolerated.

It would be a serious step for the Tribunal to interfere with a unit owner’s fundamental ownership right and obligations and duties under a tenancy contract.

The body corporate could not direct me to any statutory provision that the order could be based on, or a statutory power the Tribunal could exercise to make the order sought, or any case or legal commentary as authority for considering such an order.

There appears to be no statutory basis upon which the Tribunal can even begin to consider the claim, and it is a claim that cannot be lightly entertained because it strikes at the unit owner’s proprietorial rights and as well the tenant’s tenancy rights (and yet the tenant is not a party to these proceedings).

The claim is dismissed.

The body corporate must repay the tenant for the secretary’s costs to file the claim and the filing fee. The claim has not been successful and so the charges for these have been proved to be unjustified.

Ms Wu sought 50 percent of her attendance fee for today’s hearing. That is declined because costs follow the event and Mr Sinclair has been wholly successful in defending the proceedings.

Reasons

Sandy Wu of Boutique Body Corporates Limited attended the hearing for the body corporate.

Michael Sinclair attended for himself.

Mr Sinclair lets the premises to a social housing provider. The social housing provider sublets to the tenant.

It would be a serious step for the Tribunal to interfere with a unit owner’s fundamental ownership right and obligations and duties under a tenancy contract.

The claim is dismissed.

Ms Wu sought 50 percent of her attendance fee for today’s hearing. That is declined because costs follow the event and Mr Sinclair has been wholly successful in defending the proceedings.

Tenancy Tribunal case 9052424 — Unit Titles at where smoking

At a glance

Tenancy Tribunal case 9052424 — Unit Titles at where smoking

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