The following is a letter sent to Tenancy Tribunal. Niki heard about a Tribunal hearing for a court possession order through the local East and Bays Courier but had not had any notification.
23 January 2017
Via email: email@example.com
RE: POSSESSION ORDER- 14 TANIWHA STREET GLEN INNES
To whom it may concern,
- My name is Ioela Ana Rauti and I am the tenant of 14 Taniwha Street Glen Innes, Auckland.
- I write regarding concerns that there may be a hearing regarding a possession order for my property for which I have not been notified.
- I have read a media report published by Fairfax media (Stuff) titled “Tamaki Regeneration Company files legal proceedings to evict tenant”. The report quoted Tamaki Redevelopment Company (landlord) stating that a hearing for a possession order has been set for this week. Additionally I understand that this may be set down for Tuesday 24 January 2017. I consider it demeaning and grossly unfair for my landlord to be making such comments to the media when I have not received any notice of a hearing from the Tenancy Tribunal.
- My understanding is that the Tribunal is required to give me reasonable notice in writing of a hearing. I have received no notice, reasonable or otherwise.
- I would also like the Tribunal to consider my view that the notice terminating my tenancy was retaliatory within the meaning of section 54 of the Residential Tenancy Act 1986 and is also discriminatory under section 21(1)(j) of the Human Rights Act 1993. I have been a vocal opponent of the redevelopment process including attending many demonstrations and encouraging others to do so. I would request that the Tribunal consider an application out of time. Please provide a form for such an application.
- Please ensure that I receive lawful and reasonable notice prior to any hearing taking place so that I have an opportunity to attend.
- Please respond as soon as possible advising how this matter will be dealt with.
Ioela Ana Rauti