HNZ possible wrongful eviction urgent advice needed

[Bobsyouruncle]

Hi everybody, really appreciate any PM's who can advise on this.
I have a former foster child who is living in HNZ house. Solo parent 6 kids.
House tested positive for low levels of P in the garage late last year so they are being evicted.

However they don't smoke P and the property has never been tested previously. They have been there 9 years. They are simple folk so have meekly said they will move however they have nowhere to go and no way to pay market rents. Eviction is Wednesday. As HNZ have zero proof that they caused the P is there anything they can do to stop the eviction? Is HNZ bound by standard tenancy laws and can we go to TT to try and get their eviction stopped?

PS: for clarity when I say eviction I mean their termination date is Wednesday.

[BigDreamer]

How long was their notice to end their tenancy?

The tenants might not smoke P themselves but people they invite over might and that is still a breach of tenancy in our opinion, however, hard to proof if there was no initial test to compare against.

[Wayne]

They have to follow the same tenancy law as anyone else.
In fact, based on some very high profile media cases, they find it harder to evict people.
I thought you could give 90 days notice to anyone any time but to get them out sooner you (and HNZ) would have to go to the TT to argue your case?
So what happened here Dean?

[Nick G]

I think you should go to the TT.

[Bobsyouruncle]

Taking all day just to get anybody to talk to at HNZ so far.

[Keithw]

Remember Dean that Govt depts have to respond to their Ministers, & they hate doing it, so an email / call to the appropriate minister may get you some time / a proper look at the situation.

[Wayne]

Taking all day just to get anybody to talk to at HNZ so far.

If you lodge with the TT will that stall the eviction process for now?
I expect it does so that will then give time to get this sorted.

[Learning]

How much notice did they get? Doesn't the LL have to give a minimum of 21 days notice that the tenancy will not be renewed at the end of a FTA?

[BigDreamer]

How much notice did they get? Doesn't the LL have to give a minimum of 21 days notice that the tenancy will not be renewed at the end of a FTA?

Correct but what is not clear here is how much notice the tenants were given and if they were in a fixed or periodic tenancy.

Dean, do you have any further details on this?

[artemis]

Correct but what is not clear here is how much notice the tenants were given and if they were in a fixed or periodic tenancy.

Dean, do you have any further details on this?

Tenants will be on periodic, and HNZ will have given the correct notice. They are very very careful about that.

Tenants for 9 years. P contamination. One day away from eviction. Something is not adding up. Though having said that, sometimes people who are overwhelmed with no idea how to deal with a situation might close their eyes and hope.

[Bobsyouruncle]

They are just uneducated and naive artemis. I only just found out about it. Meeting the area manager in the morning. I am yet to know if there is more to the story. HNZ done nothing wrong except they have no proof of the tenant being the cause of the contamination as no previous test done. And their social requirement to not put 6 kids on the street for no reason.

[Wayne]

They are just uneducated and naive artemis. I only just found out about it. Meeting the area manager in the morning. I am yet to know if there is more to the story. HNZ done nothing wrong except they have no proof of the tenant being the cause of the contamination as no previous test done. And their social requirement to not put 6 kids on the street for no reason.

So they gave 90 days?

[Don't believe the Hype]

I'm no expert on Meth testing methods but it would seem hard to believe that the testing today is able to detect meth on a surface casued by contamination from 9+years ago.

If it can you may have a case.

[BigDreamer]

They are just uneducated and naive artemis. I only just found out about it. Meeting the area manager in the morning. I am yet to know if there is more to the story. HNZ done nothing wrong except they have no proof of the tenant being the cause of the contamination as no previous test done. And their social requirement to not put 6 kids on the street for no reason.

If they were given 90 days notice then it really does not matter if the P contamination was caused by them or someone else. To be honest, 90 days is plenty of time to look for alternative accommodation and have little sympathy for anyone who chose to 'close their eyes' until the last few days when they realise they have to move out.

Not sure being uneducated is an excuse in this case.

Having said that, I hope they are able to find a suitable accommodation outside of HNZ. We have taken some ex-HNZ tenants onboard (from both Auckland and Hamilton) and have been OK.

[Bobsyouruncle]

I've got them an extension till I meet with the manager. They don't want another lost case in tribunal.