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Karmarkar v Wilson [2018] NZDC 557

Published 21 May 2019

Appeal from Tenancy Tribunal — Residential Tenancies Act 1986, s 117 — notice to vacate. The appellant appealed a Tenancy Tribunal decision that the tenant pay him $1,294.24 in rent arrears and the Tribunal's refusal to terminate the tenancy. Arguing that the Adjudicator had erred in calculating the amount of rent arrears, the appellant sought $2,090 in rent arrears and exemplary damages of $3,000 for tenant's failure to vacate the property, despite two notices served by the landlord. The Judge found that the Adjudicator was not in error as to the arrears and that the notices to vacate did not comply with the Residential Tenancies Act. As a result, the appeal was dismissed. Judgment Date: 16 January 2018.

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