What was Tenancy Tribunal case 4744670 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 4744670?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $460.00 awarded to landlord

What type of tenancy dispute was case 4744670?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4744670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9823297-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4744670 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 4744670?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $460.00 awarded to landlord

What type of tenancy dispute was case 4744670?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4744670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9823297-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4744670 — Rent arrears

Claims and awards in Tenancy Tribunal application 4744670 — net $480.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears for the period ending 10 January 2024	$460.00	Rent arrears for the period ending 10 January 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$480.44
Total payable by Tenant to Landlord	$480.44

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
[The respondent/s] must pay Oxygen.Co.Nz Limited as agent for Jonathan Brownlee $480.44 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears for the period ending 10 January 2024$460.00 Filing fee reimbursement$20.44 Total award$480.44 Total payable by Tenant to Landlord$480.44
The landlord’s claim for termination of the tenancy is dismissed.

Reasons

Both parties attended the hearing by teleconference. The landlord was represented by a property manager, Jean Thomas.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
At the end of the hearing my decision was reserved and the date for a possible termination of the tenancy was discussed. Having considered the evidence and the legal requirements set out clearly in the RTA those discussions were unnecessary.

What is owing for rent?

The amount of rent owing has been established by the production of a rent record. The tenant has paid rent up to the date of the hearing but is also required to pay rent one week in advance and the tenant has not paid that one week in advance.
The amount ordered for rent arrears is proved.

Should the tenancy be terminated?

The application for termination of the tenancy for non-payment of rent is dismissed because the landlord has not established the criteria for termination in either section 55(1)(a), 55(1)(aa) or 56(1) of the Residential Tenancies Act 1986 (RTA). The reasons are set out below.
The tenant should note that the rent arrears need to be immediately rectified and a combination of further rent arrears and the landlord complying with the termination criteria requirements will more than likely result in termination of the tenancy at a future Tribunal hearing. Section 55(1)(a) RTA – 21 days rent arrears
Section 55(1)(a) provides that if the landlord applies for termination of the tenancy on the basis rent being at least 21 days in arrears at the date of the application, the Tribunal must terminate the tenancy.
In this case, the tenant was not more than 21 days in arrears at the date of the application and at the date of the hearing the tenant was up to date with rent but had failed to pay one weeks rent in advance. Therefore the Tribunal may not terminate on that basis. Section 55(1)(aa) RTA – 3 occasions of rent arrears in 90 days with notices
Section 55(1)(aa) provides that 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.
In this case I find the landlord has failed to serve notices on the tenant each time the rent has been in arrears nor has the landlord ensured that the notices sent to the tenant comply with the requirements set out above. Accordingly, there is no basis for termination. Section 56(1) RTA – breach incapable of remedy
Section 56(1) provides that the Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
In this case, the tenant has certainly breached her obligations to pay rent on time. The landlord has presented two 14 day notices in evidence. The first is dated 9 October 2023 for rent arrears of $37.14 but it does not correlate in any way with the rent schedule provided by the landlord on the day of the hearing. The second is dated 10 January 2024 which is the date of the hearing so the tenant had not yet had an opportunity to remedy it.
The landlord has not established a basis for termination of the tenancy and the landlord’s application for termination is therefore dismissed. Filing fee
Because Oxygen.Co.Nz Limited As Agent For Jonathan Brownlee has partially succeeded with the claim I consider this an appropriate case to award payment of the Tribunal application fee. T Lee-Lewis 10 January 2024

Claims and awards in Tenancy Tribunal application 4744670 — net $480.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears for the period ending 10 January 2024	$460.00	Rent arrears for the period ending 10 January 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$480.44
Total payable by Tenant to Landlord	$480.44

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
[The respondent/s] must pay Oxygen.Co.Nz Limited as agent for Jonathan Brownlee $480.44 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears for the period ending 10 January 2024$460.00 Filing fee reimbursement$20.44 Total award$480.44 Total payable by Tenant to Landlord$480.44
The landlord’s claim for termination of the tenancy is dismissed.

Reasons

Both parties attended the hearing by teleconference. The landlord was represented by a property manager, Jean Thomas.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
At the end of the hearing my decision was reserved and the date for a possible termination of the tenancy was discussed. Having considered the evidence and the legal requirements set out clearly in the RTA those discussions were unnecessary.

What is owing for rent?

The amount of rent owing has been established by the production of a rent record. The tenant has paid rent up to the date of the hearing but is also required to pay rent one week in advance and the tenant has not paid that one week in advance.
The amount ordered for rent arrears is proved.

Should the tenancy be terminated?

The application for termination of the tenancy for non-payment of rent is dismissed because the landlord has not established the criteria for termination in either section 55(1)(a), 55(1)(aa) or 56(1) of the Residential Tenancies Act 1986 (RTA). The reasons are set out below.
The tenant should note that the rent arrears need to be immediately rectified and a combination of further rent arrears and the landlord complying with the termination criteria requirements will more than likely result in termination of the tenancy at a future Tribunal hearing. Section 55(1)(a) RTA – 21 days rent arrears
Section 55(1)(a) provides that if the landlord applies for termination of the tenancy on the basis rent being at least 21 days in arrears at the date of the application, the Tribunal must terminate the tenancy.
In this case, the tenant was not more than 21 days in arrears at the date of the application and at the date of the hearing the tenant was up to date with rent but had failed to pay one weeks rent in advance. Therefore the Tribunal may not terminate on that basis. Section 55(1)(aa) RTA – 3 occasions of rent arrears in 90 days with notices
Section 55(1)(aa) provides that 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.
In this case I find the landlord has failed to serve notices on the tenant each time the rent has been in arrears nor has the landlord ensured that the notices sent to the tenant comply with the requirements set out above. Accordingly, there is no basis for termination. Section 56(1) RTA – breach incapable of remedy
Section 56(1) provides that the Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
In this case, the tenant has certainly breached her obligations to pay rent on time. The landlord has presented two 14 day notices in evidence. The first is dated 9 October 2023 for rent arrears of $37.14 but it does not correlate in any way with the rent schedule provided by the landlord on the day of the hearing. The second is dated 10 January 2024 which is the date of the hearing so the tenant had not yet had an opportunity to remedy it.
The landlord has not established a basis for termination of the tenancy and the landlord’s application for termination is therefore dismissed. Filing fee
Because Oxygen.Co.Nz Limited As Agent For Jonathan Brownlee has partially succeeded with the claim I consider this an appropriate case to award payment of the Tribunal application fee. T Lee-Lewis 10 January 2024

Tenancy Tribunal case 4744670 — Rent arrears

At a glance

Tenancy Tribunal case 4744670 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

What is owing for rent?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What is owing for rent?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions