What was the outcome of Tenancy Tribunal case 4658409?

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

How much money was awarded in case 4658409?

Cleaning: $60.25 awarded to landlord; Rent Arrears: $455.00 awarded to landlord

What type of tenancy dispute was case 4658409?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4658409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9438205-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4658409?

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

How much money was awarded in case 4658409?

Cleaning: $60.25 awarded to landlord; Rent Arrears: $455.00 awarded to landlord

What type of tenancy dispute was case 4658409?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4658409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9438205-Tenancy_Tribunal_Order.pdf.

Room B, Unit/Flat 1, 8B Schnapper Rock Road, Schnapper Tenancy Tribunal Case 4658409 — Rent arrears

Claims and awards in Tenancy Tribunal application 4658409. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 22 September 2023	$455.00		Rent arrears as at 22 September 2023
Cleaning	$60.25		Cleaning

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Tere Te Eke Tuapawa owes Buildcorp Management Limited $515.25 (“the debt”) as calculated in the table below.
Tere Te Eke Tuapawa must pay rent and the debt as follows: a. By making weekly payments of $285.00, being $2350.00 for rent and 5$0.00 for the debt. b. Payments will be every Friday , with the first payment on Friday 22 September 2023 and continuing until the whole of the debt is cleared. .
Payments will be allocated in the following order: rent, rent arrears, and the cleaning cost.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Room B, Unit/Flat 1, 8B Schnapper Rock Road, Schnapper Rock, Auckland 0632 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the cleaning cost within 2 working days of the due date, the cleaning cost will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission; termination of the tenancy because of the tenant’s breach of s40(2) of the Residential Tenancies Act 1986; termination for non- payment of rent as and when it fell due; and payment of a cleaning fee. Termination for anti-social behaviour
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
At today’s hearing the landlord stated that she had given the tenant three notices regarding his anti-social behaviour. Those three notices were dated 17 May 2023, 3 July 2023 and 4 August 2023.
However those notices did not comply with the requirements as outlined in 3b above and so I am unable to terminate the tenancy on the grounds of anti-social behaviour. Specifically, none of the notices advised the tenant of the date of the anti-social behaviour, nor did the notices state how many other notices (if any) the tenant had been given, and nor did it advise the tenant of his right to make an application to the Tribunal challenging the notices.
Given that the notices did not comply with these requirements, the application to terminate the tenancy on the grounds of anti-social behaviour is dismissed.
I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. Breach of s40(2) Residential Tenancies Act 1986
A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood. See section 40(2)(c) Residential Tenancies Act 1986.
However a breach of this section does not result in the Tribunal being able to terminate a tenancy and so the application to terminate on this ground is dismissed.
The only consequence of a breach is a possible award of exemplary damages if it can be established that the beach amounted to harassment of a tenant or a neighbour of a tenant.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
There was no direct evidence provided today that the tenant’s behaviour constituted harassment – just hearsay evidence provided by the landlord.
I can give very limited weight to such hearsay evidence and so I am declining to make an award of exemplary damages against the tenant, Rent arrears
At today’s hearing it was established that as Friday 22 September 2023 the tenant will owe $455.00 in rent arrears.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
On 19 July 2023 the landlord served a 14-day notice on the tenant and this was remedied on 21 July 2023.
On 16 August 2023 the landlord served a second 14 day notice on the tenant but the breach was not remedied within the required period. A tenant is required to pay rent as and when it falls due and so on the face of it, it would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, I have granted a conditional termination of the tenancy because after hearing the evidence today I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. See section 78(3) Residential Tenancies Act 1986.
In coming to this decision I have also taken into account that the tenant attended today’s hearing and was willing to discuss the issues with the landlord.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Cleaning cost
At today’s hearing the tenant accepted that he ought to pay the $60.25 cost of cleaning and payment of this has been included in the Order above. C ter Haar 20 September 2023

Claims and awards in Tenancy Tribunal application 4658409. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 22 September 2023	$455.00		Rent arrears as at 22 September 2023
Cleaning	$60.25		Cleaning

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Tere Te Eke Tuapawa owes Buildcorp Management Limited $515.25 (“the debt”) as calculated in the table below.
Tere Te Eke Tuapawa must pay rent and the debt as follows: a. By making weekly payments of $285.00, being $2350.00 for rent and 5$0.00 for the debt. b. Payments will be every Friday , with the first payment on Friday 22 September 2023 and continuing until the whole of the debt is cleared. .
Payments will be allocated in the following order: rent, rent arrears, and the cleaning cost.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Room B, Unit/Flat 1, 8B Schnapper Rock Road, Schnapper Rock, Auckland 0632 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the cleaning cost within 2 working days of the due date, the cleaning cost will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission; termination of the tenancy because of the tenant’s breach of s40(2) of the Residential Tenancies Act 1986; termination for non- payment of rent as and when it fell due; and payment of a cleaning fee. Termination for anti-social behaviour
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
At today’s hearing the landlord stated that she had given the tenant three notices regarding his anti-social behaviour. Those three notices were dated 17 May 2023, 3 July 2023 and 4 August 2023.
However those notices did not comply with the requirements as outlined in 3b above and so I am unable to terminate the tenancy on the grounds of anti-social behaviour. Specifically, none of the notices advised the tenant of the date of the anti-social behaviour, nor did the notices state how many other notices (if any) the tenant had been given, and nor did it advise the tenant of his right to make an application to the Tribunal challenging the notices.
Given that the notices did not comply with these requirements, the application to terminate the tenancy on the grounds of anti-social behaviour is dismissed.
I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. Breach of s40(2) Residential Tenancies Act 1986
A tenant must not cause or permit interference with the reasonable peace, comfort, or privacy of the landlord's other tenants or of anyone else living in the neighbourhood. See section 40(2)(c) Residential Tenancies Act 1986.
However a breach of this section does not result in the Tribunal being able to terminate a tenancy and so the application to terminate on this ground is dismissed.
The only consequence of a breach is a possible award of exemplary damages if it can be established that the beach amounted to harassment of a tenant or a neighbour of a tenant.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010.
There was no direct evidence provided today that the tenant’s behaviour constituted harassment – just hearsay evidence provided by the landlord.
I can give very limited weight to such hearsay evidence and so I am declining to make an award of exemplary damages against the tenant, Rent arrears
At today’s hearing it was established that as Friday 22 September 2023 the tenant will owe $455.00 in rent arrears.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
On 19 July 2023 the landlord served a 14-day notice on the tenant and this was remedied on 21 July 2023.
On 16 August 2023 the landlord served a second 14 day notice on the tenant but the breach was not remedied within the required period. A tenant is required to pay rent as and when it falls due and so on the face of it, it would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, I have granted a conditional termination of the tenancy because after hearing the evidence today I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. See section 78(3) Residential Tenancies Act 1986.
In coming to this decision I have also taken into account that the tenant attended today’s hearing and was willing to discuss the issues with the landlord.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Cleaning cost
At today’s hearing the tenant accepted that he ought to pay the $60.25 cost of cleaning and payment of this has been included in the Order above. C ter Haar 20 September 2023

Tenancy Tribunal case 4658409 — Rent arrears at Room B, Unit/Flat 1, 8B Schnapper Rock Road, Schnapper

At a glance

Tenancy Tribunal case 4658409 — Rent arrears at Room B, Unit/Flat 1, 8B Schnapper Rock Road, Schnapper

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions