What was the outcome of Tenancy Tribunal case 4610697?

The tribunal order states: No suppression orders apply to publication of this decision.

How much money was awarded in case 4610697?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord

What type of tenancy dispute was case 4610697?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4610697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9205810-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4610697?

The tribunal order states: No suppression orders apply to publication of this decision.

How much money was awarded in case 4610697?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord

What type of tenancy dispute was case 4610697?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4610697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9205810-Tenancy_Tribunal_Order.pdf.

Room 4, 12 Glanmire Place, Flat Bush, Auckland 2016 Tenancy Tribunal Case 4610697 — Rent arrears

Claims and awards in Tenancy Tribunal application 4610697 — net $3,320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,300.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,320.44
Total payable by Tenant to Landlord	$3,320.44

Order

No suppression orders apply to publication of this decision.
Beverly Murray owes The Worx Property Management Limited $3,320.44 (“the debt”), calculated as in the table below.
Beverly Murray must pay the $3,320.44 in one lump sum on or before 5:00pm on Monday 24 July 2023.
If the tenant fails to pay rent and rent arrears within 2 working days of the due date: a. The landlord may give the tenant a rent arrears notice requiring the tenant to pay the arrears within a stated period of not less than 10 days, and b. If the tenant has failed to pay the rent in arrears within the stated period, the landlord may then give the tenant a notice to terminate the tenancy on 48 hours’ notice. See section 66U Residential Tenancies Act 1986.
The landlord must, by 5:00pm on 11 August 2023, provide the tenant with records or a rent ledger showing all payments received by the landlord or the owner of the premises, from the start of the tenancy up until the most recent payment and also showing the rent dates that each rent payment applies to. See section 29(3) and 30 Residential Tenancies Act 1986.

Reasons

Both parties attended the telephone hearing today.
The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid termination.
The first issue is whether this is a tenancy covered by the Residential Tenancies Act 1986 (RTA). The written agreement signed by the tenant and the owner of the premises in 2018 says that it is a “Housesharing Agreement” and that it is not covered by the RTA.
The law is clear that a tenant cannot “sign away” their rights under the RTA. This means that if the contract says that the RTA does not apply and the Tribunal says that it does, then the law will apply; see s11(3) RTA.
After hearing from both parties, I am satisfied that this is a boarding house tenancy that is covered by the RTA. Ms Murray rents a room in a large house which contains seven rooms – all rented out separately with separate written agreements. The occupants of the house share kitchen and bathroom facilities.
This fits within the definition of a boarding house in section 66B RTA which is where there are intended to be at least 6 tenants at any one time, tenants have their own separate sleeping quarters and share other facilities, and the tenancy lasts for 28 days or more.

What is a boarding house tenancy?

A boarding house tenancy is a separate category of tenancy with special laws that apply. For example:- a. The tenancy agreement must include a description of the fire evacuation procedures that apply as well as all other compliance statements (insurance, insulation, Healthy Homes intent and compliance date and statement of compliance for each of the Standards); s66C RTA; b. The landlord must give the tenant a copy of any house rules and must enforce them in a fair and consistent manner; s66H and s66I RTA; c. The landlord must pay for power and water for shared facilities; s66E RTA; d. If a bond of one week’s rent or less is paid, it does not have to be lodged at the Bond Centre; s66D RTA; e. A landlord may terminate a tenancy on 48 hours’ written notice if a tenant has not paid rent arrears after being given 10 days or more written notice to pay; s66U RTA; f. A landlord may terminate a boarding house tenancy on 28 days’ written notice if no reason is given; s66U RTA; g. A tenant may terminate the tenancy by giving at least 48 hours’ notice to the landlord and the notice does not need to be in writing (although it will be easier to prove, if it is); s66V RTA; h. A landlord has a right of entry to communal areas without notice; s66Q RTA; and to a tenant’s boarding room either with the tenant’s consent or after giving at least 24 hours’ notice for one of the allowed purposes (unless there is serious risk to life or property); s66R RTA. i. A boarding house tenancy cannot be for a fixed term; see Platinum Rentals NZ Lt v Madden [2013] DCR 125. Payment of the rent owing
The landlord supplied a rent ledger which starts from 13 March 2023 which is when the agent took over management of the property. This calculates rent owing up to today of $4,678.57.
Ms Murray made two points:- a. She paid $900.00 (4 weeks rent) to the owner when she moved in and does not know whether this has been used for rent or bond, and b. She has paid weekly rent since 29 June 2023 into the owner’s bank account.
It was agreed today in the hearing that Ms Murray would make a lump-sum payment of $3,300.00 on Monday 24 July 2023. I have made this order.
The agent and the owner must prepare a rent ledger from the start of the tenancy and show all payments and the dates they are for. They must give this to Ms Murray by 11 August 2023 so that she can check her payments.
If the landlord and tenant cannot agree on the rent ledger, then either of them can apply to the Tribunal for assistance.

Can the Tribunal make a conditional termination or possession order?

The landlord applied for a termination order because the rent is in arrears. The Tribunal has no power to terminate the tenancy for this reason in the case of a boarding house tenancy. Sections 55 and 56 do not apply to boarding house tenancies; see s66A(2)(d) RTA.
The Tribunal can make a possession order if the landlord has given the tenant notices of rent arrears and termination; see s66Y RTA.
The required notices are:- a. A notice requiring the tenant to pay rent arrears within a stated period of not less than 10 days, and b. If the tenant has failed to pay the rent in arrears within the stated period, a notice to terminate the tenancy on 48 hours’ notice. See section 66U RTA.
I cannot make a possession order unless the required notices have been given.
I have made an order allowing the landlord to give these notices if the tenant does not pay the lump sum amount that she has agreed to.
Because The Worx Property Management Limited has substantially succeeded with the claim I have awarded the filing fee.

Claims and awards in Tenancy Tribunal application 4610697 — net $3,320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,300.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,320.44
Total payable by Tenant to Landlord	$3,320.44

Order

No suppression orders apply to publication of this decision.
Beverly Murray owes The Worx Property Management Limited $3,320.44 (“the debt”), calculated as in the table below.
Beverly Murray must pay the $3,320.44 in one lump sum on or before 5:00pm on Monday 24 July 2023.
If the tenant fails to pay rent and rent arrears within 2 working days of the due date: a. The landlord may give the tenant a rent arrears notice requiring the tenant to pay the arrears within a stated period of not less than 10 days, and b. If the tenant has failed to pay the rent in arrears within the stated period, the landlord may then give the tenant a notice to terminate the tenancy on 48 hours’ notice. See section 66U Residential Tenancies Act 1986.
The landlord must, by 5:00pm on 11 August 2023, provide the tenant with records or a rent ledger showing all payments received by the landlord or the owner of the premises, from the start of the tenancy up until the most recent payment and also showing the rent dates that each rent payment applies to. See section 29(3) and 30 Residential Tenancies Act 1986.

Reasons

Both parties attended the telephone hearing today.
The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid termination.
The first issue is whether this is a tenancy covered by the Residential Tenancies Act 1986 (RTA). The written agreement signed by the tenant and the owner of the premises in 2018 says that it is a “Housesharing Agreement” and that it is not covered by the RTA.
The law is clear that a tenant cannot “sign away” their rights under the RTA. This means that if the contract says that the RTA does not apply and the Tribunal says that it does, then the law will apply; see s11(3) RTA.
After hearing from both parties, I am satisfied that this is a boarding house tenancy that is covered by the RTA. Ms Murray rents a room in a large house which contains seven rooms – all rented out separately with separate written agreements. The occupants of the house share kitchen and bathroom facilities.
This fits within the definition of a boarding house in section 66B RTA which is where there are intended to be at least 6 tenants at any one time, tenants have their own separate sleeping quarters and share other facilities, and the tenancy lasts for 28 days or more.

What is a boarding house tenancy?

A boarding house tenancy is a separate category of tenancy with special laws that apply. For example:- a. The tenancy agreement must include a description of the fire evacuation procedures that apply as well as all other compliance statements (insurance, insulation, Healthy Homes intent and compliance date and statement of compliance for each of the Standards); s66C RTA; b. The landlord must give the tenant a copy of any house rules and must enforce them in a fair and consistent manner; s66H and s66I RTA; c. The landlord must pay for power and water for shared facilities; s66E RTA; d. If a bond of one week’s rent or less is paid, it does not have to be lodged at the Bond Centre; s66D RTA; e. A landlord may terminate a tenancy on 48 hours’ written notice if a tenant has not paid rent arrears after being given 10 days or more written notice to pay; s66U RTA; f. A landlord may terminate a boarding house tenancy on 28 days’ written notice if no reason is given; s66U RTA; g. A tenant may terminate the tenancy by giving at least 48 hours’ notice to the landlord and the notice does not need to be in writing (although it will be easier to prove, if it is); s66V RTA; h. A landlord has a right of entry to communal areas without notice; s66Q RTA; and to a tenant’s boarding room either with the tenant’s consent or after giving at least 24 hours’ notice for one of the allowed purposes (unless there is serious risk to life or property); s66R RTA. i. A boarding house tenancy cannot be for a fixed term; see Platinum Rentals NZ Lt v Madden [2013] DCR 125. Payment of the rent owing
The landlord supplied a rent ledger which starts from 13 March 2023 which is when the agent took over management of the property. This calculates rent owing up to today of $4,678.57.
Ms Murray made two points:- a. She paid $900.00 (4 weeks rent) to the owner when she moved in and does not know whether this has been used for rent or bond, and b. She has paid weekly rent since 29 June 2023 into the owner’s bank account.
It was agreed today in the hearing that Ms Murray would make a lump-sum payment of $3,300.00 on Monday 24 July 2023. I have made this order.
The agent and the owner must prepare a rent ledger from the start of the tenancy and show all payments and the dates they are for. They must give this to Ms Murray by 11 August 2023 so that she can check her payments.
If the landlord and tenant cannot agree on the rent ledger, then either of them can apply to the Tribunal for assistance.

Can the Tribunal make a conditional termination or possession order?

The landlord applied for a termination order because the rent is in arrears. The Tribunal has no power to terminate the tenancy for this reason in the case of a boarding house tenancy. Sections 55 and 56 do not apply to boarding house tenancies; see s66A(2)(d) RTA.
The Tribunal can make a possession order if the landlord has given the tenant notices of rent arrears and termination; see s66Y RTA.
The required notices are:- a. A notice requiring the tenant to pay rent arrears within a stated period of not less than 10 days, and b. If the tenant has failed to pay the rent in arrears within the stated period, a notice to terminate the tenancy on 48 hours’ notice. See section 66U RTA.
I cannot make a possession order unless the required notices have been given.
I have made an order allowing the landlord to give these notices if the tenant does not pay the lump sum amount that she has agreed to.
Because The Worx Property Management Limited has substantially succeeded with the claim I have awarded the filing fee.

Tenancy Tribunal case 4610697 — Rent arrears at Room 4, 12 Glanmire Place, Flat Bush, Auckland 2016

At a glance

Tenancy Tribunal case 4610697 — Rent arrears at Room 4, 12 Glanmire Place, Flat Bush, Auckland 2016

At a glance

Award balance

Claims & awards

Order

Reasons

What is a boarding house tenancy?

Can the Tribunal make a conditional termination or possession order?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What is a boarding house tenancy?

Can the Tribunal make a conditional termination or possession order?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions