What was Tenancy Tribunal case 4661921 about?

The tribunal order states: The Tribunal orders suppression of the Tenant name and identifying details.

How much money was awarded in case 4661921?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4661921?

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

Where can I read the official tribunal order for case 4661921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9533978-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4661921 about?

The tribunal order states: The Tribunal orders suppression of the Tenant name and identifying details.

How much money was awarded in case 4661921?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4661921?

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

Where can I read the official tribunal order for case 4661921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9533978-Tribunal_Order_Redacted.pdf.

14 Michael Bosher Way, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4661921 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing, conducted via teleconference.

The applicant sought termination and rent arrears, citing rent in arrears of over 21 days and recidivist rent breaches (s 55(1)(a) and (aa)).

The rent arrears have been paid but the most recent current rent payment is again late. The landlord still sought termination.

However, based on the rent summary provided, rent was not 21 days in arrears at the date of application, and no grounds for termination under that termination provision are established.

Further, the three notices cited and provided as being those required as evidence for termination per s 55(1)(aa) do not include the minimum mandatory details. Specifically, the notices fail to on each occasion to give the tenant written notice of 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. Nor does each notice state how many other notices (if any) the landlord had given the tenant under this section in relation to the same tenancy and 90-day period.

That being the case, the notices are deemed of no effect. Therefore, there are again no statutory grounds for termination and the application must be dismissed.

As the tenants were cautioned at the hearing, the dismissal of this application is due to technical failings in the landlord’s procedures. The landlord has indicated it is now aware of the correct approach and unless, going forward, rent is paid as due there is likely to be further landlord applications to the Tribunal. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

Given the application has been dismissed, I am ordering suppression of the tenant details.

Reasons

Both parties attended the hearing, conducted via teleconference.

The applicant sought termination and rent arrears, citing rent in arrears of over 21 days and recidivist rent breaches (s 55(1)(a) and (aa)).

The rent arrears have been paid but the most recent current rent payment is again late. The landlord still sought termination.

However, based on the rent summary provided, rent was not 21 days in arrears at the date of application, and no grounds for termination under that termination provision are established.

That being the case, the notices are deemed of no effect. Therefore, there are again no statutory grounds for termination and the application must be dismissed.

Given the application has been dismissed, I am ordering suppression of the tenant details.

Tenancy Tribunal case 4661921 — Rent arrears at 14 Michael Bosher Way, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4661921 — Rent arrears at 14 Michael Bosher Way, Flat Bush, Auckland 2019

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