Crowther v Jaunitis

The matter Crowther v Jaunitis was before the court, concerning a dispute between the tenant, Crowther, and the landlords, Jaunitis, over the validity of a Notice to Leave and subsequent termination of the lease. The tenants had been issued a Notice to Leave for vacant possession due to a contract of sale, and a Notice of Breach for rental arrears. Following this, the landlords served a Notice to Leave for non-payment of rental arrears. The landlords subsequently applied to the Tribunal for a termination of the lease and a warrant of possession, which was granted. Crowther appealed the decision on the grounds that the Tribunal lacked jurisdiction as the application was premature, and that the application concerning the rental arrears was invalid. The court of appeal found in favour of Crowther and remitted the matter to the minor civil disputes jurisdiction for a hearing restricted to the Notice to Leave for vacant possession due to a contract of sale.

The central legal issues before the court were whether the Tribunal had jurisdiction to entertain the application for a termination of the lease and warrant of possession before the expiry of the Notice to Leave, and whether the application concerning the rental arrears was valid. The court found that the application concerning the rental arrears was invalid, and that the Tribunal therefore lacked jurisdiction to make the orders in relation to that Notice to Leave. The court also found that the application for a termination of the lease and warrant of possession was premature, as the Notice to Leave for vacant possession due to a contract of sale had not yet expired. The court therefore set aside the orders made by the Tribunal and remitted the matter to the minor civil disputes jurisdiction for a hearing restricted to the Notice to Leave for vacant possession due to a contract of sale.

In reaching its decision, the court considered the relevant provisions of the Residential Tenancies and Rooming Accommodation Act 2008. The court found that the application concerning the rental arrears was made contrary to section 293 of the Act, and that the Tribunal therefore lacked jurisdiction to make the orders in relation to that Notice to Leave. The court also found that the application for a termination of the lease and warrant of possession was premature, as the Notice to Leave for vacant possession due to a contract of sale had not yet expired. The court therefore set aside the orders made by the Tribunal and remitted the matter to the minor civil disputes jurisdiction for a hearing restricted to the Notice to Leave for vacant possession due to a contract of sale.

The court made several orders in relation to the appeal. The court deemed the application for leave to appeal to include a ground that the application of Imants Jaunitis and Rhonda Jaunitis filed on 12 April 2022, insofar as it concerned the Notice to Leave for rental arrears, was made contrary to section 293 of the Act and that accordingly the Tribunal lacked jurisdiction to make the orders recorded on 10 May 2022. The court dismissed the interlocutory application filed on 1 August 2022, granted the application for leave to appeal, allowed the appeal, and set aside the orders made on 10 May 2022. The court also dismissed the application of Imants Jaunitis and Rhonda Jaunitis filed on 30 May 2022, and remitted application number 408/22 (Southport) together with the transcript of evidence in the original hearing to the minor civil disputes jurisdiction for hearing. The court restricted the hearing of the application to consideration of the Notice to Leave for vacant possession due to a contract of sale, and made no order as to costs.