What was Tenancy Tribunal case 4734649 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4734649?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4734649?

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

Where can I read the official tribunal order for case 4734649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9858685-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4734649 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4734649?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4734649?

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

Where can I read the official tribunal order for case 4734649?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9858685-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4734649 — Rent arrears

Tenantcheck Insights

Reasons

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

Should the tenancy be terminated?

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 (RTA).

In this case I find the landlord has not served notices on the tenant as required in the Residential Tenancies Act 1986. Two notices did not contain the dates for which rent was overdue or the amount of overdue rent. All three notices fail to stated the tenant’s right to make an application to the Tribunal challenging the notice.

The claim for termination on the ground set out in 55(1)(aa) must be dismissed because the notices fail to meet the requirements for termination set out in the RTA. Can the tenancy be terminated under s55(1)(a) RTA?

At the hearing the landlord requested termination on the ground that the rent is 21 days in arrear.

Section 55(1)(a) provides for the Tribunal to terminate a tenancy on application of the landlord when the rent is 21 days in arrears. The rent is now 41 days in arrears however the landlord did not make an application for termination under section 55(1)(a). The Tribunal has authority to terminate a tenancy under s55(1)(a) only where an application for termination hast been made. Therefore, the Tribunal cannot meet the landlord’s request. Can the tenancy be terminated under s55(1)(a) RTA?

I have also considered whether the termination could be under section 56 however the landlord did not send 14 day notices to the tenant regarding rent arrears. Conclusion

The landlord will be making an application for termination because the rent is more than 21 days in arrears. The tenancy will be terminated unless the arrears are paid. The tenant will seek assistance from MSD so the tenancy can continue. Name Suppression

Because claim has been dismissed the Tribunal grants name suppression for the tenant. (see Section 95A(4) of the Residential Tenancies Act 1986).

Reasons

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

Should the tenancy be terminated?

At the hearing the landlord requested termination on the ground that the rent is 21 days in arrear.

I have also considered whether the termination could be under section 56 however the landlord did not send 14 day notices to the tenant regarding rent arrears. Conclusion

Because claim has been dismissed the Tribunal grants name suppression for the tenant. (see Section 95A(4) of the Residential Tenancies Act 1986).

Tenancy Tribunal case 4734649 — Rent arrears

At a glance

Tenancy Tribunal case 4734649 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions