What was Tenancy Tribunal case 4620250 about?

The tribunal order states: An application for suppression has been made by the tenant and the Tribunal

How much money was awarded in case 4620250?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4620250?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4620250?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9296428-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4620250 about?

The tribunal order states: An application for suppression has been made by the tenant and the Tribunal

How much money was awarded in case 4620250?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4620250?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4620250?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9296428-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4620250 — Rent arrears

Order

An application for suppression has been made by the tenant and the Tribunal orders suppression of the Tenant name and identifying details.
The tenant may be represented by [The tenant’s representative].
The application for rent arrears is dismissed.

Reasons

Both parties attended the hearing which took place on 14 August 2023. The tenant suffers from anxiety and by agreement was represented by [The tenant’s representative].
The parties entered into a tenancy agreement on 18 July 2022. The tenant rented a unit in an apartment block in [redacted] where he lives with his partner. The tenancy was a one-year fixed term tenancy ending on 22 July 2023. The tenancy has now rolled over to a periodic tenancy.
The landlord has applied for rent arrears. The landlord claimed that the tenant is in rent arrears due to failure to pay a change in rent from $500.00 to $530.00 commencing from January 2023.
The tenant disputes the rent is in arrears on the grounds that the rent must not be increased within 12 months after the date the tenancy commenced.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. The Evidence
In support of the claim the landlord provided the following evidence: (a) A copy of the tenancy agreement. The agreement records that the tenancy was a fixed term tenancy ending on 22 July 2023. The weekly rent amount of $500 is circled and then there is a handwritten note beside the rent amount which states “Till 22 Jan 2023 then $530 from 22 Jan 2023 -22 July 2023”. (b) A copy of the rent summary showing that rent is continuing to be being paid weekly at the original rate of $500 per week. The landlord advised that the arrears for the unpaid increased rent are now at $400.00. (c) A copy of the trade me advertisement submitted on 3 March 2022 advertising the property for rent at $590 per week (d) A copy of two recent market appraisals from property management companies for the premises dated 31 July and 1 August 2023 appraising the current rent at $700-800 per week.
The landlord stated that the property was vacant for some time as a result of covid. He advertised the premises for rent in March 2022 for $590 per week and when he was unable to find tenants, he reduced the rent to $530.00. When he found the current tenants, he reduced the rent further to $500.00 per week for six months on the basis that the rent would become $530.00 per week from January 2023.
The landlord claimed that the rent was not increased within 12 months of the tenancy commencing but that there was a rent reduction prior to the tenancy commencing which increased to the advertised rent in January 2023.
The tenant claimed the rent was increased and disputed that this was enforceable for the following reasons: (a) Rent cannot be increased within 12 months of the commencement of a tenancy (b) No proper notice of a rent increase was given
The tenant agreed that he signed the tenancy agreement with the term that the rent increase to $530.00 in January 2023 but stated that he did not know that landlords could not increase the rent within the first 12 months of a tenancy.
The tenant stated that the landlord did not send any notice of the rent increasing to $530 in January 2023 and he continued to pay the $500 per week. No notices of arrears were issued. Shortly before the fixed term was due to become periodic the landlord informed the tenant that he owed rent dating back to January and filed a claim in the Tribunal in early July 2023. The Law
Section 11 of the Residential Tenancies Act 1986 (RTA) states that the Act is generally to apply despite contrary provisions. Section 11 (3) states “Any purported waiver by a tenant of any right or power conferred upon tenants by this Act shall be of no effect.”
Section 24 of the RTA sets out the law regarding rent increases. This includes that the rent must not be increased within 12 months after the date of the commencement of the tenancy. See section 24 (1)(d) RTA.
Section 24A of the RTA sets out the law with regard to rent reductions. This provides that the parties may agree that for a specified period the tenant may pay a lower rent and then at the expiry of the period the rent payable before the variation is reinstated and that reinstatement does not constitute a rent increase. The Decision
In the absence of agreement between the parties and as neither party has provided any other written evidence of communication at the time the tenancy commenced the Tribunal decision is based on the written contract between the parties.
The tenancy agreement records that the agreed rent per week at the commencement of the tenancy is $500.00. It then records that the rent will become $530 from January 2023. This is an increase in rent from the starting amount. As the tenancy commenced in July 2022 the increase occurred within 12 months of the commencement of the tenancy. Therefore, this is not a rent reduction from the original rent as recorded in the agreement, but an increase. This is a breach of section 24 (1)(d) of the RTA.
The restrictions on rent increases are rights conferred on tenants by the Act. Although the tenant signed the tenancy agreement the purported waiver by the tenant of a right under the Act is of no effect. See section 11(3) RTA.
Therefore, the landlord has not satisfied me that it is more likely than not that that the rent is in arrears and the application is dismissed. Suppression
The landlord did not apply for a suppression order. The tenant has applied for a suppression order. Because the tenant has wholly succeeded with defending the claim the Tribunal orders suppression of the tenant identifying details in the order as applied for. See section 95A(1) Residential Tenancies Act 1986.

Order

An application for suppression has been made by the tenant and the Tribunal orders suppression of the Tenant name and identifying details.
The tenant may be represented by [The tenant’s representative].
The application for rent arrears is dismissed.

Reasons

Both parties attended the hearing which took place on 14 August 2023. The tenant suffers from anxiety and by agreement was represented by [The tenant’s representative].
The parties entered into a tenancy agreement on 18 July 2022. The tenant rented a unit in an apartment block in [redacted] where he lives with his partner. The tenancy was a one-year fixed term tenancy ending on 22 July 2023. The tenancy has now rolled over to a periodic tenancy.
The landlord has applied for rent arrears. The landlord claimed that the tenant is in rent arrears due to failure to pay a change in rent from $500.00 to $530.00 commencing from January 2023.
The tenant disputes the rent is in arrears on the grounds that the rent must not be increased within 12 months after the date the tenancy commenced.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. The Evidence
In support of the claim the landlord provided the following evidence: (a) A copy of the tenancy agreement. The agreement records that the tenancy was a fixed term tenancy ending on 22 July 2023. The weekly rent amount of $500 is circled and then there is a handwritten note beside the rent amount which states “Till 22 Jan 2023 then $530 from 22 Jan 2023 -22 July 2023”. (b) A copy of the rent summary showing that rent is continuing to be being paid weekly at the original rate of $500 per week. The landlord advised that the arrears for the unpaid increased rent are now at $400.00. (c) A copy of the trade me advertisement submitted on 3 March 2022 advertising the property for rent at $590 per week (d) A copy of two recent market appraisals from property management companies for the premises dated 31 July and 1 August 2023 appraising the current rent at $700-800 per week.
The landlord stated that the property was vacant for some time as a result of covid. He advertised the premises for rent in March 2022 for $590 per week and when he was unable to find tenants, he reduced the rent to $530.00. When he found the current tenants, he reduced the rent further to $500.00 per week for six months on the basis that the rent would become $530.00 per week from January 2023.
The landlord claimed that the rent was not increased within 12 months of the tenancy commencing but that there was a rent reduction prior to the tenancy commencing which increased to the advertised rent in January 2023.
The tenant claimed the rent was increased and disputed that this was enforceable for the following reasons: (a) Rent cannot be increased within 12 months of the commencement of a tenancy (b) No proper notice of a rent increase was given
The tenant agreed that he signed the tenancy agreement with the term that the rent increase to $530.00 in January 2023 but stated that he did not know that landlords could not increase the rent within the first 12 months of a tenancy.
The tenant stated that the landlord did not send any notice of the rent increasing to $530 in January 2023 and he continued to pay the $500 per week. No notices of arrears were issued. Shortly before the fixed term was due to become periodic the landlord informed the tenant that he owed rent dating back to January and filed a claim in the Tribunal in early July 2023. The Law
Section 11 of the Residential Tenancies Act 1986 (RTA) states that the Act is generally to apply despite contrary provisions. Section 11 (3) states “Any purported waiver by a tenant of any right or power conferred upon tenants by this Act shall be of no effect.”
Section 24 of the RTA sets out the law regarding rent increases. This includes that the rent must not be increased within 12 months after the date of the commencement of the tenancy. See section 24 (1)(d) RTA.
Section 24A of the RTA sets out the law with regard to rent reductions. This provides that the parties may agree that for a specified period the tenant may pay a lower rent and then at the expiry of the period the rent payable before the variation is reinstated and that reinstatement does not constitute a rent increase. The Decision
In the absence of agreement between the parties and as neither party has provided any other written evidence of communication at the time the tenancy commenced the Tribunal decision is based on the written contract between the parties.
The tenancy agreement records that the agreed rent per week at the commencement of the tenancy is $500.00. It then records that the rent will become $530 from January 2023. This is an increase in rent from the starting amount. As the tenancy commenced in July 2022 the increase occurred within 12 months of the commencement of the tenancy. Therefore, this is not a rent reduction from the original rent as recorded in the agreement, but an increase. This is a breach of section 24 (1)(d) of the RTA.
The restrictions on rent increases are rights conferred on tenants by the Act. Although the tenant signed the tenancy agreement the purported waiver by the tenant of a right under the Act is of no effect. See section 11(3) RTA.
Therefore, the landlord has not satisfied me that it is more likely than not that that the rent is in arrears and the application is dismissed. Suppression
The landlord did not apply for a suppression order. The tenant has applied for a suppression order. Because the tenant has wholly succeeded with defending the claim the Tribunal orders suppression of the tenant identifying details in the order as applied for. See section 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 4620250 — Rent arrears

At a glance

Claims & awards

Tenancy Tribunal case 4620250 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions