What was the outcome of Tenancy Tribunal case 4611649?

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

How much money was awarded in case 4611649?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4611649?

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

Where can I read the official tribunal order for case 4611649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9219685-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4611649?

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

How much money was awarded in case 4611649?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4611649?

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

Where can I read the official tribunal order for case 4611649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9219685-Tribunal_Order.pdf.

32 Discovery Place, Marfell, New Plymouth 4310 Tenancy Tribunal Case 4611649 — Rent arrears

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served and so the hearing proceeded in her absence.

The landlord has applied for termination of the tenancy under s 55(1)(aa), Residential Tenancies Act 1986 (RTA).

Should the tenancy be terminated?

Section 55(1)(aa) RTA provides that 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. [Adjudicator emphasis]

The landlord provided an unconventional form of rent summary so time was taken to understand the position.

The landlord provided copies of “Notice of overdue rent” hand delivered to the tenant on 8, 16 and 21 June 2023. The landlord says that the tenant is consistently late paying her rent throughout the tenancy.

The landlord did not wait until 5 working days had passed from when the rent was due before delivering any of his three notices.

The first notice relates to rent arrears that the landlord says was due on 2 June 2023. The notice was hand delivered to the tenant on 8 June 2023. The tenant then paid on 8 June 2023.

Section 55(1)(aa)(i) RTA stipulates that rent must remain unpaid in full or in part for 5 working days. Therefore, in relation to the first notice the tenant paid her rent within 5 working days. The first notice cannot be relied upon. It was prematurely sent – the tenant was never 5 working days in arrear for rent due on 2 June 2023.

The third notice sent relates to rent payable on 16 June 2023. It was sent on 21 June 2023 and the tenant paid on 21 June 2023. That means on this occasion she also paid her rent less than 5 working days late. The third notice cannot be relied upon. It was prematurely sent – the tenant was never 5 working days in arrear for rent due on 16 June 2023.

For the sake of completeness, I also note that the second notice sent by the landlord dated 14 June 2023 relating to rent due on 9 June 2023 was also sent prior to the tenant being 5 working days in arrears (although on this occasion by the time the tenant had paid she was more than five working days in arrears). This notice was also sent prematurely.

Section 55(1)(aa), RTA is to be interpretated strictly. The landlord cannot rely on this section because although the tenant was late in paying her rent, for the above reasons the strict requirements of the section have not been fulfilled.

The tenant is warned that she should take care to pay her rent on time because if she continues to consistently pay rent late, and the landlord makes another application, she is at risk of having her tenancy terminated.

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The landlord’s application to terminate the tenancy is dismissed.

Reasons

Only the landlord attended the hearing. I am satisfied the tenant has been served and so the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy under s 55(1)(aa), Residential Tenancies Act 1986 (RTA).

Should the tenancy be terminated?

Section 55(1)(aa) RTA provides that 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. [Adjudicator emphasis]
The landlord provided an unconventional form of rent summary so time was taken to understand the position.
The landlord provided copies of “Notice of overdue rent” hand delivered to the tenant on 8, 16 and 21 June 2023. The landlord says that the tenant is consistently late paying her rent throughout the tenancy.
The landlord did not wait until 5 working days had passed from when the rent was due before delivering any of his three notices.
The first notice relates to rent arrears that the landlord says was due on 2 June 2023. The notice was hand delivered to the tenant on 8 June 2023. The tenant then paid on 8 June 2023.
Section 55(1)(aa)(i) RTA stipulates that rent must remain unpaid in full or in part for 5 working days. Therefore, in relation to the first notice the tenant paid her rent within 5 working days. The first notice cannot be relied upon. It was prematurely sent – the tenant was never 5 working days in arrear for rent due on 2 June 2023.
The third notice sent relates to rent payable on 16 June 2023. It was sent on 21 June 2023 and the tenant paid on 21 June 2023. That means on this occasion she also paid her rent less than 5 working days late. The third notice cannot be relied upon. It was prematurely sent – the tenant was never 5 working days in arrear for rent due on 16 June 2023.
For the sake of completeness, I also note that the second notice sent by the landlord dated 14 June 2023 relating to rent due on 9 June 2023 was also sent prior to the tenant being 5 working days in arrears (although on this occasion by the time the tenant had paid she was more than five working days in arrears). This notice was also sent prematurely.
Section 55(1)(aa), RTA is to be interpretated strictly. The landlord cannot rely on this section because although the tenant was late in paying her rent, for the above reasons the strict requirements of the section have not been fulfilled.
The tenant is warned that she should take care to pay her rent on time because if she continues to consistently pay rent late, and the landlord makes another application, she is at risk of having her tenancy terminated.

Tenancy Tribunal case 4611649 — Rent arrears at 32 Discovery Place, Marfell, New Plymouth 4310

At a glance

Tenancy Tribunal case 4611649 — Rent arrears at 32 Discovery Place, Marfell, New Plymouth 4310

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions