Housing NZ Seeks Rehearing of Rangeview Rd Case
Housing New Zealand Seeks Rehearing of Rangeview Rd Case
Housing New Zealand will today appeal a Tenancy Tribunal decision in which permission was refused to terminate a tenancy at 39 Rangeview Road, Mt Albert, Auckland.
The appeal, to be heard by the Auckland District Court, will decide whether to require the Tenancy Tribunal to re-hear Housing New Zealand's case against the tenant.
Housing New Zealand lodged the appeal last year after identifying what it believes were a series of significant errors of law and fact in the Tribunal's decision.
"The decision to seek a tenancy termination order from the Tribunal for 39 Rangeview Road followed repeated problems with the behaviour of those associated with the property," Auckland Operations Director Celia Patrick said.
"Housing New Zealand is seeking a rehearing of the Tribunal's decision to refuse the termination order because the effect of the decision has been to shift the balance between tenant and neighbour rights in favour of tenants.
"We need to know whether public and private landlords must now meet a higher threshold of evidence proving a tenant's antisocial behaviour before a tenancy termination can be secured," she said.
The case could have substantial precedent value, and it was important Housing New Zealand provided leadership in clarifying the legal issues involved, Ms Patrick said.
Housing New Zealand would be making no further public comment on the case at this time.