What was Tenancy Tribunal case 4660449 about?

The tribunal order states: The landlord applications are dismissed.

How much money was awarded in case 4660449?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4660449?

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

Where can I read the official tribunal order for case 4660449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9945604-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4660449 about?

The tribunal order states: The landlord applications are dismissed.

How much money was awarded in case 4660449?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4660449?

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

Where can I read the official tribunal order for case 4660449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9945604-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4660449 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended this remote teleconference hearing.

The matter was part heard on 3 October 2023 and completed on 6 November 2023.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

The hearing was adjourned on 3 October 2023 to allow the tenant to bring his rent arrears up to date. The tenant has now paid all of the arrears and on the date of this hearing was in credit.

Section 55(2) RTA provides that the Tribunal may refuse to make an order under s.55(1) if the Tribunal is satisfied that the breach has been remedied, the landlord has been compensated for any loss and it is unlikely that the tenant will commit any further breach of a kind to which the section applies.

The tenant has remedied the breach by paying the rent. The landlord has not suffered any loss and I consider it unlikely that the tenant will commit any further breach. The application unders.55(1)(a) RTA is dismissed.

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.

In this case I find the landlord has not served notices on the tenant as required in the Residential Tenancies Act 1986, and the application is dismissed. The notices do not comply with s.55(1)(a) RTA.

The rent arrears application is dismissed as the rent is no longer in arrears.

The landlord has not been wholly or substantially successful in this application and the application for reimbursement of the filing fee is dismissed.

This matter was heard at the same time as TT 4711669. The order in TT 4711669 supersedes this order.

Reasons

Both parties attended this remote teleconference hearing.

The matter was part heard on 3 October 2023 and completed on 6 November 2023.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

The hearing was adjourned on 3 October 2023 to allow the tenant to bring his rent arrears up to date. The tenant has now paid all of the arrears and on the date of this hearing was in credit.

The rent arrears application is dismissed as the rent is no longer in arrears.

The landlord has not been wholly or substantially successful in this application and the application for reimbursement of the filing fee is dismissed.

This matter was heard at the same time as TT 4711669. The order in TT 4711669 supersedes this order.

Tenancy Tribunal case 4660449 — Rent arrears

At a glance

Tenancy Tribunal case 4660449 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions