What was the outcome of Tenancy Tribunal case 4682189?

The tribunal order states: No suppression orders apply.

How much money was awarded in case 4682189?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4682189?

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

Where can I read the official tribunal order for case 4682189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9669208-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4682189?

The tribunal order states: No suppression orders apply.

How much money was awarded in case 4682189?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4682189?

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

Where can I read the official tribunal order for case 4682189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9669208-Tribunal_Order.pdf.

15 Hoiho Lane, Sydenham, Christchurch 8023 Tenancy Tribunal Case 4682189 — Rent arrears

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Reasons

Mr Waters attended the hearing by teleconference on behalf of the landlord. Ms Frank, the tenant, also attended the hearing by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. During the hearing, the landlord withdrew their claims for termination of the tenancy and refund of the bond. The landlord sought an order directing the tenant to keep up with the rent with a clause providing that, if she was more than 3 weeks in arrears, the tenant could then have her tenancy terminated.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

The landlord provided a rent summary showing that the tenant owed $134.44 in rent as at 21 November 2023, which was the date of the hearing. However, Ms Frank said she had paid $400.00 into the landlord’s account on 21 November 2023, which would put her into credit on rent. I directed the landlord to file an updated rent summary confirming the $400.00 paid by the tenant and the amount of rent the landlord said the tenant owed at the end of business on 21 November 2023, once any payments had cleared. The landlord then confirmed that at the end of business on 21 November 2023, with the $400.00 payment by the tenant cleared, the tenant was in credit of $265.56 for rent. As such, the tenant no longer owes rent arrears as at 21 November 2023, which was the date of the hearing.

The tenant explained that the staff worker at the property with whom she usually liaises about rent and other tenancy issues has been away for a while and so she has not been made aware of being in arrears with rent until recently. Mr Waters confirmed this staff member has been absent for some time. The landlord acknowledged the tenant has made significant efforts to redress the rent arrears situation recently.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

Pursuant to section 55 (1A) Residential Tenancies Act 1986 (“RTA”), whilst the Tribunal can make a conditional termination order instead of a final termination order, this is only if the Tribunal is satisfied that the tenant will pay any rent arrears within a specified time and it is unlikely a rent breach will reoccur.

However, not only did the landlord withdraw their claim for termination during the hearing, which meant that there was no longer a claim pursuant to section 55 RTA to enable the Tribunal to make a conditional termination order, but also the tenant no longer owed any rent arrears, even if the landlord had continued their claim for termination of the tenancy.

The Tribunal does not have jurisdiction to order the tenant to pay rent regularly with a clause to terminate the tenancy if the tenant is in rent arrears for more than 3 weeks, as requested by the landlord, without a termination of tenancy claim and with no rent arrears owing by the tenant. Therefore, the claim is dismissed.

Reasons

Mr Waters attended the hearing by teleconference on behalf of the landlord. Ms Frank, the tenant, also attended the hearing by teleconference.

Should a conditional termination order be made?

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

Tenancy Tribunal case 4682189 — Rent arrears at 15 Hoiho Lane, Sydenham, Christchurch 8023

At a glance

Tenancy Tribunal case 4682189 — Rent arrears at 15 Hoiho Lane, Sydenham, Christchurch 8023

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