What was Tenancy Tribunal case 4698829 about?

The tribunal order states: The Tribunal orders suppression of the tenants’ names and identifying details.

How much money was awarded in case 4698829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4698829?

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

Where can I read the official tribunal order for case 4698829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9837616-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4698829 about?

The tribunal order states: The Tribunal orders suppression of the tenants’ names and identifying details.

How much money was awarded in case 4698829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4698829?

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

Where can I read the official tribunal order for case 4698829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9837616-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4698829 — Rent arrears

Tenantcheck Insights

Reasons

Ms Che attended the hearing for the landlord. The tenants were phoned on the numbers provided but the calls either went unanswered or went to voicemail.

The landlord applied to terminate the tenancy on the basis that the rent was at least 21 days in arrears as at the date of the application. The landlord also applied for a rent arrears and water rates order.

This is the second application by the landlord for termination of the tenancy for non-payment of rent. The first application came before the Tribunal on 10 August 2023 (application number 4582275). In an order dated 18 August, the Tribunal dismissed the application and at paragraph 7 of the reasons the Tribunal states that the rent was not 21 days in arrears as at the date of the application and “at the date of the hearing the tenant had cleared all the arrears and there was a credit of $227.14 for rent”. Given the Tribunal’s finings I cannot consider any claim for arrears before 10 August and I must take into account the Tribunal’s findings that rent was in credit by $227.14 as at the hearing date. This means that the tenants were not in arrears with rent by 21 days or more as at the date of this application (29 September 2023) and the application for termination is dismissed on that basis.

However, even if the tenants were in arrears by 21 days or more, I would have used my discretion found in section 55(1) of the Residential Tenancies Act 1986 to refuse to terminate the tenancy. This is because rent has now been paid up in full and Ms Che said that the tenants are now paying rent on time.

The application for termination and for a rent arrears order is therefore dismissed.

The application for a water rates order is dismissed because Ms Che confirmed that the tenants have paid all water rates up in full. Suppression

In its order dated 18 August 2023, the Tribunal ordered suppression of the tenants’ names and identifying details. The tenants’ names and identifying details are suppressed under this order so as not to undermine the suppression order made on 18 August.

Reasons

Ms Che attended the hearing for the landlord. The tenants were phoned on the numbers provided but the calls either went unanswered or went to voicemail.

The application for termination and for a rent arrears order is therefore dismissed.

The application for a water rates order is dismissed because Ms Che confirmed that the tenants have paid all water rates up in full. Suppression

Tenancy Tribunal case 4698829 — Rent arrears

At a glance

Tenancy Tribunal case 4698829 — 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