What was Tenancy Tribunal case 4410161 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4410161?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4410161?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4410161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8338795-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4410161 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4410161?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4410161?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4410161?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8338795-Tribunal_Order_Redacted.pdf.

21A Oaktree Avenue, Browns Bay, Auckland 0630 Tenancy Tribunal Case 4410161 — Rent arrears

Claims and awards in Tenancy Tribunal application 4410161. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,200.00		Rent arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The landlord’s claim for termination of the tenancy is dismissed.
Storm Hemi Ferris Skipworth must pay [The landlord/s] $1,220.44 immediately, calculated as shown in the table below.

Reasons

[The landlord/s] attended the hearing by teleconference as the landlord. Mr Skipworth also attended the hearing by teleconference, as the tenant.
The landlord has applied for termination of the tenancy and rent arrears.
Any party bringing a claim before the Tenancy Tribunal has the burden of proving their claim on the balance of probabilities. They must prove it is more likely than not that their alleged version of events took place. Further, the evidence should be reasonable with no probable defects, such as inconsistency or improbability. The evidence should be consistent and supported by other acceptable evidence
[The landlord/s] was asked a few times, prior to the hearing, to file a detailed rent summary. At the hearing, he said he had not received an email with my direction to this effect, and had thought his rent summary filed was sufficient prior to that. [The landlord/s] was allowed a few hours after the hearing to complete a detailed rent summary, as per my directions, outlining to him the importance of doing so in detail. The rent summary filed by [The landlord/s], as directed, after the hearing, did not have any of the rent arrears column filled out, apart from the last two lines. Given this, I could not ascertain from the most recent rent summary filed by the landlord when it was alleged that the tenant went into arrears. Neither was there any evidence given on this by either of the parties.
Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.
Both parties agreed during the hearing that the tenant was “two weeks behind on the rent”. This, however, does not meet the requirements of section 55(1)(a) RTA, in the tenant having to be more than 21 days in arrears.
Section 56(1)(a) and (b) RTA provide that the Tribunal may make an order terminating the tenancy if satisfied that the other party has committed a breach of any of the provisions of the tenancy agreement, including payment of rent, and that the application gave notice to the other party specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given, and the other party failed to remedy the default within the required period.
I note [The landlord/s] had provided the tenant with two notices. The first notice, dated 20 August 2022, told the tenant that he had until 27 September 2022 to remedy the non-payment of rent breach. The second notice, dated 31 October 2022, said the tenant had until 15 November 2022 to rectify the non-payment of rent breach. The expiry date of the second notice post-dated the hearing date of 10 November 2022. Unfortunately, there was no evidence provided by the landlord to indicate that the tenant had not remedied the non-payment of rent breach within the notice period provided, even in the first notice, as per the requirement of section 56(1)(b)(ii) RTA.
Given that the evidence provided by [The landlord/s] has not met the threshold of the requirements in either section 55(1)(a) or section 56 RTA, I must dismiss his claim for termination of the tenancy.
On the matter of rent arrears, both parties agreed at the hearing that the tenant owes $1,200.00, two weeks’ rent, to 10 November 2022. As such, I order the tenant to pay the landlord $1,200 owing in rent to 10 November 2022.
At the hearing, there was discussion about how this debt could be repaid by the tenant. As the landlord has not proved his termination of tenancy claim, I cannot consider a conditional termination order. It is up to the parties to make payment arrangements as between themselves in this regard.
Because [The landlord/s] has been mostly successful with the claim I reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4410161. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,200.00		Rent arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The landlord’s claim for termination of the tenancy is dismissed.
Storm Hemi Ferris Skipworth must pay [The landlord/s] $1,220.44 immediately, calculated as shown in the table below.

Reasons

[The landlord/s] attended the hearing by teleconference as the landlord. Mr Skipworth also attended the hearing by teleconference, as the tenant.
The landlord has applied for termination of the tenancy and rent arrears.
Any party bringing a claim before the Tenancy Tribunal has the burden of proving their claim on the balance of probabilities. They must prove it is more likely than not that their alleged version of events took place. Further, the evidence should be reasonable with no probable defects, such as inconsistency or improbability. The evidence should be consistent and supported by other acceptable evidence
[The landlord/s] was asked a few times, prior to the hearing, to file a detailed rent summary. At the hearing, he said he had not received an email with my direction to this effect, and had thought his rent summary filed was sufficient prior to that. [The landlord/s] was allowed a few hours after the hearing to complete a detailed rent summary, as per my directions, outlining to him the importance of doing so in detail. The rent summary filed by [The landlord/s], as directed, after the hearing, did not have any of the rent arrears column filled out, apart from the last two lines. Given this, I could not ascertain from the most recent rent summary filed by the landlord when it was alleged that the tenant went into arrears. Neither was there any evidence given on this by either of the parties.
Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.
Both parties agreed during the hearing that the tenant was “two weeks behind on the rent”. This, however, does not meet the requirements of section 55(1)(a) RTA, in the tenant having to be more than 21 days in arrears.
Section 56(1)(a) and (b) RTA provide that the Tribunal may make an order terminating the tenancy if satisfied that the other party has committed a breach of any of the provisions of the tenancy agreement, including payment of rent, and that the application gave notice to the other party specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given, and the other party failed to remedy the default within the required period.
I note [The landlord/s] had provided the tenant with two notices. The first notice, dated 20 August 2022, told the tenant that he had until 27 September 2022 to remedy the non-payment of rent breach. The second notice, dated 31 October 2022, said the tenant had until 15 November 2022 to rectify the non-payment of rent breach. The expiry date of the second notice post-dated the hearing date of 10 November 2022. Unfortunately, there was no evidence provided by the landlord to indicate that the tenant had not remedied the non-payment of rent breach within the notice period provided, even in the first notice, as per the requirement of section 56(1)(b)(ii) RTA.
Given that the evidence provided by [The landlord/s] has not met the threshold of the requirements in either section 55(1)(a) or section 56 RTA, I must dismiss his claim for termination of the tenancy.
On the matter of rent arrears, both parties agreed at the hearing that the tenant owes $1,200.00, two weeks’ rent, to 10 November 2022. As such, I order the tenant to pay the landlord $1,200 owing in rent to 10 November 2022.
At the hearing, there was discussion about how this debt could be repaid by the tenant. As the landlord has not proved his termination of tenancy claim, I cannot consider a conditional termination order. It is up to the parties to make payment arrangements as between themselves in this regard.
Because [The landlord/s] has been mostly successful with the claim I reimburse the filing fee.

Tenancy Tribunal case 4410161 — Rent arrears at 21A Oaktree Avenue, Browns Bay, Auckland 0630

At a glance

Tenancy Tribunal case 4410161 — Rent arrears at 21A Oaktree Avenue, Browns Bay, Auckland 0630

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions