What was the outcome of Tenancy Tribunal case 4725929?

The tribunal order states: The tenancy of Des Lavender at 1 Mercer Street, Kensington, Whangarei 0112

How much money was awarded in case 4725929?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,170.00 awarded to landlord

What type of tenancy dispute was case 4725929?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4725929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10858776-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4725929?

The tribunal order states: The tenancy of Des Lavender at 1 Mercer Street, Kensington, Whangarei 0112

How much money was awarded in case 4725929?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,170.00 awarded to landlord

What type of tenancy dispute was case 4725929?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4725929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10858776-Tribunal_Order.pdf.

1 Mercer Street, Kensington, Whangarei 0112 Tenancy Tribunal Case 4725929 — Rent arrears

Claims and awards in Tenancy Tribunal application 4725929 — net $1,190.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 September 2024	$1,170.00	Rent arrears to 17 September 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,190.44
Total payable by Tenant to Landlord	$1,190.44

Order

The tenancy of Des Lavender at 1 Mercer Street, Kensington, Whangarei 0112 is terminated, and possession is granted to Liz Davies, at 11.59pm on 4 October 2024.
Des Lavender must pay Liz Davies $1190.44 immediately from the bond, as calculated below:
The Bond Centre is to pay $1,190.44 from the bond of $1,920.00 (5120262-010) to Liz Davies immediately.
The balance of the bond of $729.56 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, recidivist rent arrears, using the premises (or permitting the premises to be used for an unlawful purpose and for failing to repair damage. Background
The background to these applications is complex.
The landlord first filed an application for termination of the tenancy (Application 4345336) which was set for hearing in September 2022. The Tribunal adjourned the application. It made a conditional termination order on 27 March 2023. The landlord did not enforce the order within the statutory timeframe.
The landlord filed another application for termination for alleged breaches by the tenant (Application 4725929) on 30 October 2023. The Tribunal made another termination order on 1 December 2023. The tenant applied for (and was granted) a rehearing of that application.
The landlord then filed another application for termination (Application 4821539) seeking termination for rent arrears, unrepaired damage, and methamphetamine contamination.
I heard both applications today.

Should the tenancy be terminated for repeated rent arrears?

The landlord has applied for termination under section 55(1)(aa) of the Residential Tenancies Act 1986 (RTA) which provides: 55 Termination on non-payment of rent, damage, or assault (1) Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (aa) the tenancy is a periodic tenancy and— (i) on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and (ii) 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 (see sections 77(1) and 78(1)(a) regarding the Tribunal); and (iii) 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 (iv) the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice;
The Tribunal cannot terminate the tenancy under this section because the landlord’s three separate rent arrears notices do not specify the order of the notices given as required by section 55(1)(aa)(iii). Should the tenancy be terminated for breach – the non-payment of rent?
The landlord has also applied to terminate the tenancy under section 56 RTA for a breach of the tenant’s obligations that can be remedied but has not been.
Section 56 RTA provides: Termination for non-payment of rent and other breaches (1) On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that— (a) the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b) in the case of a breach capable of remedy,— (i) the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii) the other party failed to remedy the default within the required period; and (c) that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
The landlord’s 3 notices for rent arrears were 14-day notices for rent arrears breaches dated 30 December 2023, 16 January 2024 and 1 February 2024.
Today, there are rent arears of $1,170.00 which the tenant accepted. The arrears have arisen due to the tenant failing to pay a rent increase dating back to December 2023.
In evidence, the tenant said he did not accept that the rent was a fair rent for the premises; he had refused to pay the increased rent; and he would not pay it unless ordered to do so.
Unlike the landlord’s application under section 55(1)(aa) RTA, the landlord has proved a case for termination under section 56 RTA.
The tenant accepts the rent arrears outstanding; he had failed to comply with the landlord’s 14-day notices for rent arrears; and he intends not paying the additional rent because he does not accept the rent increase.
I am satisfied that the criteria set out in section 56 RTA are met. Notices were given; the tenant failed to remedy the default within the required time; and the breach is of such an extent (and is continuing) that it would be inequitable to refuse to terminate the tenancy.
The tenant produced evidence of his (general) and other health issues which the landlord agreed to only the Tribunal viewing. I have considered that information, but the situation cannot continue where the tenant refuses to pay a portion of his rent because he considers the rent increase not to have been justified. Before long the arrears will equate to 21 days’ rent in which case the landlord would have an automatic right to terminate the tenancy.
While there is some discretion provided under section 56 RTA, given the tenant’s acceptance that he has not paid the increased rent since December 2023 and his statement that he will not pay the additional amount of rent, the balance tips in the landlord’s favour.
Despite the tenant’s health difficulties, it would be inequitable not to terminate the tenancy as that would require the landlord to accept a continuing loss of rent.
The tenant accepted the amount of rent arrears owing which equates to the amount of the rent increase ($30.00 per week) from December 2023.
As the landlord has proved her case for termination of the tenancy under section 56 RTA, I need not consider the other grounds for termination – the failure to repair damage and the use of methamphetamine at the premises. The tenant gave evidence that his flatmate used methamphetamine, but he had since told him to leave in 2023. He said the premises have been cleaned and there has been no further use since then.
Any unrepaired damage can be the subject of a new application once the landlord has possession.
I have awarded the landlord the amount of rent arrears and the filing fee from the bond now. The balance of the bond will remain at the Bond Centre. Result
The tenancy is terminated.
Considering the tenant’s health issues I have made the possession order on 4 October 2024 to allow the tenant time to find other accommodation.
As the application is successful, I award the landlord one filing fee. A second application was not necessary; the fist application could have been amended before the hearing to include termination for rent arrears. Name suppression
Upon my enquiry, neither party sought a name suppression order.

Claims and awards in Tenancy Tribunal application 4725929 — net $1,190.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 September 2024	$1,170.00	Rent arrears to 17 September 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,190.44
Total payable by Tenant to Landlord	$1,190.44

Order

The tenancy of Des Lavender at 1 Mercer Street, Kensington, Whangarei 0112 is terminated, and possession is granted to Liz Davies, at 11.59pm on 4 October 2024.
Des Lavender must pay Liz Davies $1190.44 immediately from the bond, as calculated below:
The Bond Centre is to pay $1,190.44 from the bond of $1,920.00 (5120262-010) to Liz Davies immediately.
The balance of the bond of $729.56 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, recidivist rent arrears, using the premises (or permitting the premises to be used for an unlawful purpose and for failing to repair damage. Background
The background to these applications is complex.
The landlord first filed an application for termination of the tenancy (Application 4345336) which was set for hearing in September 2022. The Tribunal adjourned the application. It made a conditional termination order on 27 March 2023. The landlord did not enforce the order within the statutory timeframe.
The landlord filed another application for termination for alleged breaches by the tenant (Application 4725929) on 30 October 2023. The Tribunal made another termination order on 1 December 2023. The tenant applied for (and was granted) a rehearing of that application.
The landlord then filed another application for termination (Application 4821539) seeking termination for rent arrears, unrepaired damage, and methamphetamine contamination.
I heard both applications today.

Should the tenancy be terminated for repeated rent arrears?

The landlord has applied for termination under section 55(1)(aa) of the Residential Tenancies Act 1986 (RTA) which provides: 55 Termination on non-payment of rent, damage, or assault (1) Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (aa) the tenancy is a periodic tenancy and— (i) on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and (ii) 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 (see sections 77(1) and 78(1)(a) regarding the Tribunal); and (iii) 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 (iv) the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice;
The Tribunal cannot terminate the tenancy under this section because the landlord’s three separate rent arrears notices do not specify the order of the notices given as required by section 55(1)(aa)(iii). Should the tenancy be terminated for breach – the non-payment of rent?
The landlord has also applied to terminate the tenancy under section 56 RTA for a breach of the tenant’s obligations that can be remedied but has not been.
Section 56 RTA provides: Termination for non-payment of rent and other breaches (1) On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that— (a) the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b) in the case of a breach capable of remedy,— (i) the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii) the other party failed to remedy the default within the required period; and (c) that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
The landlord’s 3 notices for rent arrears were 14-day notices for rent arrears breaches dated 30 December 2023, 16 January 2024 and 1 February 2024.
Today, there are rent arears of $1,170.00 which the tenant accepted. The arrears have arisen due to the tenant failing to pay a rent increase dating back to December 2023.
In evidence, the tenant said he did not accept that the rent was a fair rent for the premises; he had refused to pay the increased rent; and he would not pay it unless ordered to do so.
Unlike the landlord’s application under section 55(1)(aa) RTA, the landlord has proved a case for termination under section 56 RTA.
The tenant accepts the rent arrears outstanding; he had failed to comply with the landlord’s 14-day notices for rent arrears; and he intends not paying the additional rent because he does not accept the rent increase.
I am satisfied that the criteria set out in section 56 RTA are met. Notices were given; the tenant failed to remedy the default within the required time; and the breach is of such an extent (and is continuing) that it would be inequitable to refuse to terminate the tenancy.
The tenant produced evidence of his (general) and other health issues which the landlord agreed to only the Tribunal viewing. I have considered that information, but the situation cannot continue where the tenant refuses to pay a portion of his rent because he considers the rent increase not to have been justified. Before long the arrears will equate to 21 days’ rent in which case the landlord would have an automatic right to terminate the tenancy.
While there is some discretion provided under section 56 RTA, given the tenant’s acceptance that he has not paid the increased rent since December 2023 and his statement that he will not pay the additional amount of rent, the balance tips in the landlord’s favour.
Despite the tenant’s health difficulties, it would be inequitable not to terminate the tenancy as that would require the landlord to accept a continuing loss of rent.
The tenant accepted the amount of rent arrears owing which equates to the amount of the rent increase ($30.00 per week) from December 2023.
As the landlord has proved her case for termination of the tenancy under section 56 RTA, I need not consider the other grounds for termination – the failure to repair damage and the use of methamphetamine at the premises. The tenant gave evidence that his flatmate used methamphetamine, but he had since told him to leave in 2023. He said the premises have been cleaned and there has been no further use since then.
Any unrepaired damage can be the subject of a new application once the landlord has possession.
I have awarded the landlord the amount of rent arrears and the filing fee from the bond now. The balance of the bond will remain at the Bond Centre. Result
The tenancy is terminated.
Considering the tenant’s health issues I have made the possession order on 4 October 2024 to allow the tenant time to find other accommodation.
As the application is successful, I award the landlord one filing fee. A second application was not necessary; the fist application could have been amended before the hearing to include termination for rent arrears. Name suppression
Upon my enquiry, neither party sought a name suppression order.

Tenancy Tribunal case 4725929 — Rent arrears at 1 Mercer Street, Kensington, Whangarei 0112

At a glance

Tenancy Tribunal case 4725929 — Rent arrears at 1 Mercer Street, Kensington, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated for repeated rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated for repeated rent arrears?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions