What was the outcome of Tenancy Tribunal case 4598429?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4598429?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $961.41 awarded to landlord

What type of tenancy dispute was case 4598429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4598429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9225796-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4598429?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4598429?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $961.41 awarded to landlord

What type of tenancy dispute was case 4598429?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4598429?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9225796-Tribunal_Order.pdf.

47 English Street, Saint Andrews, Hamilton 3200 Tenancy Tribunal Case 4598429 — Rent arrears

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47 English Street, Saint Andrews, Hamilton 3200 Tenancy Tribunal Case 4598429 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4598429 — net $981.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$961.41	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$981.85
Total payable by Tenant to Landlord	$981.85

Claims and awards for application 4598429 — net $981.85 NZD. Verify on MoJ.

Rent arrears

Amount: $961.41
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $981.85

Total payable by Tenant to Landlord

Landlord $981.85

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Wendy McKinney and Nicole McKinney must pay Online Rentals Limited As Agent For Tony Park $981.85 immediately, being rent arrears to 26 July 2023.
The application to terminate the tenancy is dismissed.

Reasons

The landlord attended the hearing; the tenant did not.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, but the notices are deficient in that they do not accurately set out the amount of overdue rent on each occasion, as is required by section 55 (1)(aa)(ii) of the Act.
Instead of stating the amount of overdue rent on each occasion (Notice 1: $481.41, Notice 2: $561.41, Notice 3: $611.41) which would provide salient information to the tenant allowing them to address the arrears, the notices state the amount of rent that is due each week, an amount that never changes; $550.00.
The tenants already know their weekly rent, and this information is otherwise of little help as the tenant pays $1,100 fortnightly. Notably, on alternate weeks the tenant is generally in rent arrears and then in rent credit, and the amounts although varying, do not vary much.
Because Online Rentals Limited As Agent For Tony Park has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4598429 — net $981.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$961.41	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$981.85
Total payable by Tenant to Landlord	$981.85

Claims and awards for application 4598429 — net $981.85 NZD. Verify on MoJ.

Rent arrears

Amount: $961.41
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $981.85

Total payable by Tenant to Landlord

Landlord $981.85

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Wendy McKinney and Nicole McKinney must pay Online Rentals Limited As Agent For Tony Park $981.85 immediately, being rent arrears to 26 July 2023.
The application to terminate the tenancy is dismissed.

Reasons

The landlord attended the hearing; the tenant did not.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, but the notices are deficient in that they do not accurately set out the amount of overdue rent on each occasion, as is required by section 55 (1)(aa)(ii) of the Act.
Instead of stating the amount of overdue rent on each occasion (Notice 1: $481.41, Notice 2: $561.41, Notice 3: $611.41) which would provide salient information to the tenant allowing them to address the arrears, the notices state the amount of rent that is due each week, an amount that never changes; $550.00.
The tenants already know their weekly rent, and this information is otherwise of little help as the tenant pays $1,100 fortnightly. Notably, on alternate weeks the tenant is generally in rent arrears and then in rent credit, and the amounts although varying, do not vary much.
Because Online Rentals Limited As Agent For Tony Park has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4598429 — Rent arrears at 47 English Street, Saint Andrews, Hamilton 3200

At a glance

Tenancy Tribunal case 4598429 — Rent arrears at 47 English Street, Saint Andrews, Hamilton 3200

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions