What was Tenancy Tribunal case 4478661 about?

The tribunal order states: The Tribunal orders suppression of the Tenant/Landlord name and identifying

How much money was awarded in case 4478661?

Due 19 September 2023 To The End Of…: $2,749.38 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Water Rates: $145.05 awarded to landlord

What type of tenancy dispute was case 4478661?

The dispute type was not classified.

Where can I read the official tribunal order for case 4478661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9433473-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4478661 about?

The tribunal order states: The Tribunal orders suppression of the Tenant/Landlord name and identifying

How much money was awarded in case 4478661?

Due 19 September 2023 To The End Of…: $2,749.38 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Water Rates: $145.05 awarded to landlord

What type of tenancy dispute was case 4478661?

The dispute type was not classified.

Where can I read the official tribunal order for case 4478661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9433473-Tribunal_Order_Redacted.pdf.

108 Rayner Road, Huntly 3700 Tenancy Tribunal Case 4478661 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4478661 — net $934.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
due 19 September 2023 to the end of the tenancy on 27	$2,749.38	due 19 September 2023 to the end of the tenancy on 27
Water rates: 08/02/23 to 05/08/23	$145.05	Water rates: 08/02/23 to 05/08/23
Reimbursement of the filing fee	$20.44	Reimbursement of the filing fee
Net award	$934.87
Total payable by Tenant to Landlord	$934.87

Claims and awards in Tenancy Tribunal application 4478661 — net $934.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
due 19 September 2023 to the end of the tenancy on 27	$2,749.38	due 19 September 2023 to the end of the tenancy on 27
Water rates: 08/02/23 to 05/08/23	$145.05	Water rates: 08/02/23 to 05/08/23
Reimbursement of the filing fee	$20.44	Reimbursement of the filing fee
Net award	$934.87
Total payable by Tenant to Landlord	$934.87

Order

The Tribunal orders suppression of the Tenant/Landlord name and identifying details.
The tenancy of [The tenant/s] at 108 Rayner Road, Huntly 3700 is terminated, and possession is granted to [The landlord/s], at midnight on Wednesday 27 September 2023.
The Bond Centre is to pay the bond of $1,980.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $934.87 immediately, calculated as shown in the table below:

Reasons

On 12 January 2023, the landlord filed an application for termination for rent arrears, termination for failing to remedy breach notices, and outstanding water rates.
The application was initially scheduled for hearing on 10 March 2023. However, there was insufficient time set aside to hear all the claims, and the matter was adjourned part heard. On 10 March 2023, the tenant was given the opportunity to file a counterclaim, but they have not done so.
On 12 June 2023, the matter was scheduled for hearing on 18 September 2023. Both parties have appeared, and the hearing has been concluded.
The landlord’s claims are confirmed as follows: i. That on 24 February 2023 the tenant was at least 21 days in rent arrears and that the tenancy should be terminated under section 55(1)(a) of the Residential Tenancies Act 1986 (The “Act”), ii. That as of 20 September 2023, the tenant owes rent arrears of $2,
00 (less $592.96 owed by the landlord to the tenant, and still outstanding, see NZTT 4326375, 4327874 dated 17 September 2022), iii. That the tenant owes $201.22 in water rates (balance of $21.22 for the period ending 02 August 2022, and $180.00 for the period 03 August 2022 to 07 February 2023), and $145.05 for the period 08 February 2023 to 05 August 2023, iv. That the tenant has failed to remedy a 14-day breach notice issued on 16 January 2023, which includes the removal of a dog, removal of objects blocking accessways, removal of rubbish, repair of damage, and to allow an inspection of the property, and that pursuant to section 56(1)(c) of the Act it would be inequitable to refuse termination, v. That on 13 January 2023, the tenant breached section 48(4)(b) of the Act, by failing, without reasonable excuse, to allow the landlord to conduct an inspection under section 48(2), vi. That the tenant has failed to remedy 14-day breach notices issued on 16 January 2023, 14 February 2023, 17 February 2023, 28 February 2023, and 02 March 2023 for rent arrears, and that pursuant to section 56(1)(c) of the Act it would be inequitable to refuse termination.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Act. Termination for rent arrears of at least 21 days
To terminate a tenancy under section 55(1)(a) of the Act, the rent must be at least 21 days in arrears at the time the application was amended on 24 February 2023. For this tenancy three weeks rent is $1,770.00.
On 17 September 2022, the Tribunal ordered the landlord pay the tenant $592.04, see NZTT 4326375, 4327874. The amount remains outstanding. The doctrine of equitable off set applies. Subtracting the outstanding amount, the rent on 24 February 2023, was not at least 21 days in arrears. The rent owing on that date minus the amount owed by the landlord, was $1,752.96, falling short of three weeks rent by $17.04. The law is clear, the rent must be at least 21 days in arrears at the time the application was made. It was not. The application for termination under section 55(1)(a) is declined. Water rates
The tenant does not dispute liability for the water rates payable to 02 August 2022 of $21.22, water rates for the period 03 August 2022 to 07 February 2023 of $180.00, and for the period 08 February 2023 to 05 August 2023 of $145.05, a total of $346.27. I am advised by the parties that the tenant has paid the outstanding amount for the period up to 07 February 2023 of $201.22, leaving a balance owing of $145.05. Breach of 14-day notice – non rent
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) of the Act.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
On 13 January 2023, the landlord conducted an inspection of the property. On 16 January 2023, the landlord served the tenant a 14-day notice requiring the tenant to remove a dog, remove objects blocking accessways, remove rubbish, repair damage, and to allow an inspection of the property, which they state had been hindered by the tenant’s partner on 13 January 2023. The expiry of the 14-day period was 30 January 2023.
The landlord states that on 22 January 2023, they returned to the property, but that despite a promise to do so, the dog had not been removed, though some of the rubbish had been removed.
The onus is on the landlord to establish the breach and that the tenant has failed to remedy it within the required period. Apart from the landlord’s oral evidence there is no other evidence produced showing the dog, objects impeding access, rubbish, or damage. The landlord states that they did not get out of their vehicle on 22 January 2023 and left the property without conducting an inspection. The landlord states that this was their last visit to the property. I am not satisfied that the tenant has breached their obligations under the agreement or Act, nor is there sufficient evidence to be satisfied to the required standard that they failed to remedy the notice within the 14 days. Failing to allow inspection without reasonable excuse.
Section 48(2) of the Act provides that, having given 48 hours’ notice, a landlord may enter and conduct an inspection. Under section 48(4) (b) of the Act a tenant commits an unlawful act if without reasonable excuse they fail to allow the landlord entry.
At 10am on 11 January 2023, the landlord sent the tenant an email notice advising of an intention to conduct an inspection 48 hours later at 10am on 13 January 2023. The notice was sent to the tenant’s email address for service. The landlord states that on 13 January 2023, they arrived at the property, knocked loudly, and called out, but no one appeared to be home. As they were entitled the landlord entered the property and proceeded to conduct an inspection. After inspecting the downstairs portion of the property, the landlord went upstairs, where the tenant’s partner confronted them. The landlord states that the partner verbally abused them, stating, “what are you doing here... you need to give notice.” The landlord states they felt threatened and left without completing the inspection.
The landlord claims that the tenant has breached section 48 of the Act, by failing to allow the landlord to conduct an inspection.
The tenant states that they have had issues with their email account. Following the failed inspection, the tenant advised the landlord that they had not received the email notice. The tenant states that on or about 17 February 2023, they updated their email address for service. Based on the reaction of the tenant’s partner, it is more likely than not that they were unaware of the inspection, further evidenced by the fact that the tenant’s partner was inside, upstairs asleep, and surprised by the landlord’s appearance.
On 16 January 2023, the landlord included, in a 14-day notice, a requirement that the tenant allow an inspection to be conducted. The landlord seeks to rely on the tenant’s failure to allow a subsequent inspection as a ground for termination under section 56(1).
Despite including this matter in the breach notice the landlord did not subsequently give notice of an intention to conduct another inspection. The landlord has stated that the visit to the property on 22 January 2023 was in fact without notice, and that they have not subsequently visited the property, or made any further attempts to conduct an inspection. While the actions of the tenant’s partner may have hindered the landlord, in the absence of the opportunity to remedy the situation, I cannot conclude that the tenant has failed to meet their obligations, and the claim for termination under this head is declined. Breach of 14-day notice – rent arrears
The landlord also makes an application for termination under section 56(1) of the Act, on the basis that the tenant has failed to remedy fourteen-day notices issued for rent arrears
Section 56(2) of the Act provides that where an application is made under section 56(1) and the Tribunal is satisfied that at the time of hearing the matter could have been dealt with under section 55 the Tribunal shall determine the matter as if it had been an application made under that section.
Section 55(1A) of the Act provides that the Tribunal may make a conditional termination order if it is satisfied that the tenant will pay the arrears within a specified time, and it is unlikely that the tenant will find themselves in rent arrears again.
The landlord has issued 14-day notices for rent arrears on 13 January 2023, 14 February 2023, 17 February 2023, 28 February 2023, 02 March 2023, 05 March 2023, 20 May 2023, 02 June 2023, and 15 June 2023. Although the rent arrears have not increased since the first hearing on 08 March 2023, none of the notices have been remedied, and the rent has been consistently, and remains more than 21 days in arrears up to the present day.
The grounds to terminate the tenancy under section 56(2) and section 55 are established.
The tenant does not seek to avoid termination, stating the relationship between the parties has deteriorated and is irreparable. The tenant has been candid with the Tribunal stating that they did not consider the previous rent increase as justified and have struggled to accept liability.
Had the tenant sought to avoid termination, I would not have been satisfied, in any event, that there would have been grounds to exercise the discretion.
The tenancy is terminated, and possession granted to the landlord at midnight on Wednesday 27 September 2023.
Concerning the rent outstanding at the date of the hearing, 18 September 2023. The tenant has queried the accuracy of the rent summary produced. After hearing from both parties, and carefully considering the handwritten summary produced by the tenant, I am satisfied that the landlord’s rent summary accurately records all the rent payments made. Calculating the rent due, rent paid, and considering the amount owed by the landlord, I have determined that as of 18 September 2023, the tenant owes rent arrears of $1,990.81.
The total rent owed by the end of the tenancy on 27 September 2023 is $2,749.38. Costs
As the landlord has been substantially successful, I order reimbursement of the filing fee. Name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
While the landlord has been successful seeking termination of the tenancy and rent arrears, the tenant has successfully defended at least half of the other claims. Based on this, both parties can be described as substantially successful in either prosecuting or defending the claims. Both parties are granted name suppression.

Tenancy Tribunal case 4478661 — Tenancy dispute at 108 Rayner Road, Huntly 3700

At a glance

Tenancy Tribunal case 4478661 — Tenancy dispute at 108 Rayner Road, Huntly 3700

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions