What was Tenancy Tribunal case 4607959 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 4607959?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4607959?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4607959?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9347416-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4607959 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 4607959?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4607959?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4607959?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9347416-Tribunal_Order_Redacted.pdf.

53 Mural Drive, Katikati, Katikati 3129 Tenancy Tribunal Case 4607959 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
[The landlord/s] claim against [The tenant/s] is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has made an application in the Tenancy Tribunal against the tenant seeking termination of the tenancy, payment of rent arrears, and reimbursement of the filing fee.

Should the tenancy be terminated?

Section 55(1)(aa) of the Residential Tenancies Act in essence provides that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that it is a periodic tenancy and on 3 separate occasions within a 90 day rent period the rent has been at least 5 working days in arrears, and on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which the rent was overdue, the amount of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice. Each of the notices must state how many other notices have been given, if any, and the landlord must have applied to the Tribunal within 28 days after the landlord gave the third notice.
I accept that the landlord has complied with the notice requirements provided by s55(1)(aa).
That section says that if this is so, then the Tribunal shall make an order terminating the tenancy,
However, that section is subject to s55(2) which provides that the Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied, the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies.
I have listened to both parties today. I have heard that there have been thirty 14 day notices given to the tenant during this tenancy and that there have been 2 full sets of s55(1)(aa) notices.
However I have also heard that the tenant has remedied the arrears and has paid her rent in full each week since the beginning of July. I have also heard the tenant promise that she will get a redirection from WINZ organised tomorrow so that she will not be in this situation again.
By the thinnest of margins I am on this occasion giving the tenant the benefit of the doubt and dismissing the application for termination of the tenancy. I have been very clear as to likely consequences if her rent was to be in arrears again and I am hopeful that the tenant will honour her promise to arrange a redirection from WINZ tomorrow. Rent arrears and filing fee
I note that not only has the tenant paid the arrears but she has also reimbursed the filing fee to the landlord and so these two claims are also dismissed. Suppression of names
With regard to suppression of the parties’ names, s95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has applied for suppression of their name and I am ordering suppression because even though I have dismissed their claim against the tenant, the application was rightfully made and it was only because the Tribunal used its discretion under s 55(2) that their claim failed.
I am using my discretion under s95A(1) to also suppress the tenant’s name. This is because the tenant has remedied the rent arrears and filing fee claims, and because I have already used my discretion to dismiss the claim for termination of the tenancy. Not suppressing the tenant’s name would in some way take away from the benefit to the tenant of using that discretion and I see no reason for doing so. C ter Haar 28 August 2023

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
[The landlord/s] claim against [The tenant/s] is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has made an application in the Tenancy Tribunal against the tenant seeking termination of the tenancy, payment of rent arrears, and reimbursement of the filing fee.

Should the tenancy be terminated?

Section 55(1)(aa) of the Residential Tenancies Act in essence provides that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that it is a periodic tenancy and on 3 separate occasions within a 90 day rent period the rent has been at least 5 working days in arrears, and on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which the rent was overdue, the amount of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice. Each of the notices must state how many other notices have been given, if any, and the landlord must have applied to the Tribunal within 28 days after the landlord gave the third notice.
I accept that the landlord has complied with the notice requirements provided by s55(1)(aa).
That section says that if this is so, then the Tribunal shall make an order terminating the tenancy,
However, that section is subject to s55(2) which provides that the Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied, the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies.
I have listened to both parties today. I have heard that there have been thirty 14 day notices given to the tenant during this tenancy and that there have been 2 full sets of s55(1)(aa) notices.
However I have also heard that the tenant has remedied the arrears and has paid her rent in full each week since the beginning of July. I have also heard the tenant promise that she will get a redirection from WINZ organised tomorrow so that she will not be in this situation again.
By the thinnest of margins I am on this occasion giving the tenant the benefit of the doubt and dismissing the application for termination of the tenancy. I have been very clear as to likely consequences if her rent was to be in arrears again and I am hopeful that the tenant will honour her promise to arrange a redirection from WINZ tomorrow. Rent arrears and filing fee
I note that not only has the tenant paid the arrears but she has also reimbursed the filing fee to the landlord and so these two claims are also dismissed. Suppression of names
With regard to suppression of the parties’ names, s95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has applied for suppression of their name and I am ordering suppression because even though I have dismissed their claim against the tenant, the application was rightfully made and it was only because the Tribunal used its discretion under s 55(2) that their claim failed.
I am using my discretion under s95A(1) to also suppress the tenant’s name. This is because the tenant has remedied the rent arrears and filing fee claims, and because I have already used my discretion to dismiss the claim for termination of the tenancy. Not suppressing the tenant’s name would in some way take away from the benefit to the tenant of using that discretion and I see no reason for doing so. C ter Haar 28 August 2023

Tenancy Tribunal case 4607959 — Rent arrears at 53 Mural Drive, Katikati, Katikati 3129

At a glance

Claims & awards

Tenancy Tribunal case 4607959 — Rent arrears at 53 Mural Drive, Katikati, Katikati 3129

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions