Tenancy Tribunal finding gives Rotorua landlord possession, 229 days after 90-day notice issued

The property was in the Pukehangi/Western Heights Area. Photo / File

A Pukehangi landlord who issued a 90-day notice to terminate a tenancy in March this year has only just been given possession of the property, 229 days later.

The landlord had served the 90-day notice on March 27 this year but an application to the Tenancy Tribunal and subsequent appeals in the District and High Courts dragged the matter out.

The notice was served following ongoing disputes and issues between the tenant and neighbours, who were also served termination notices and left.

According to a High Court finding from November 5, the tenant had applied to the Tenancy Tribunal for an order to set aside the notice claiming it was invalid and served in retaliation for her insistence upon her right to quiet enjoyment. The tribunal dismissed that claim.

A subsequent appeal to the District Court was dismissed on August 6 and the landlord applied for possession on August 14 but the tenant filed a further appeal with the High Court.

In that appeal, the tenant argued the District Court judge took into account irrelevant facts, gave relevant facts insufficient weight and made findings based on no evidence or insufficient evidence.

In its finding, the High Court dismissed the appeal but did not make an immediate order for possession so the matter was returned to the Tenancy Tribunal.

The tenant sought a further 90 days to vacate claiming she had been in the property for more than 90 days after termination so a possession order could not be made and a new 90-day notice needed to be issued.

In a November 11 finding the Tenancy Tribunal ruled not giving immediate possession would be "manifestly unjust".

"The landlord would be unfairly stymied in their attempts to gain possession through no delay or tardiness on their account. They have always maintained their current stance."

Timeline
March 27: Landlord serves 90-day notice to terminate tenancy on June 26.
May 22: Tenant's application to the Tenancy Tribunal for an order to set aside the notice is dismissed.
August 6: Tenant's appeal in the District Court dismissed.
August 14: Landlord applies for possession of the premises.
August 27: District Court grants a stay of execution after the tenant files a further appeal to the High Court.
November 5: High Court dismisses the appeal and the stay of enforcement is lifted. Tenant seeks a further 90 days to vacate through the Tenancy Tribunal.
November 11: Tribunal grants landlord immediate possession of the property.