What was Tenancy Tribunal case 4747609 about?

This case concerned a rent arrears dispute.

How much money was awarded in case 4747609?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4747609?

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

Where can I read the official tribunal order for case 4747609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9878098-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4747609 about?

This case concerned a rent arrears dispute.

How much money was awarded in case 4747609?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4747609?

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

Where can I read the official tribunal order for case 4747609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9878098-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4747609 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing. The tenants were represented by [The tenant’s representative/s].

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Rent 21 days in arrears.

Rent was at not at least 21 days in arrears on the date the application was filed. The application is dismissed - See section 55(1)(a) Residential Tenancies Act 1986. 14 Day notice breaches

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy, the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by failing to keep the premises reasonably clean and tidy, failing to remove rubbish from the exterior of the premises and painting two of the bedrooms, without obtaining the landlord’s prior consent.

The landlord served a two 14-day notices on the tenant on 27 November 2023 requiring the tenant to remedy the breaches.

The landlord provided extensive photo evidence of the condition of the premises on 24 November 2023. I accept from that evidence that the notices served on the tenant were warranted.

The tenant gave evidence that the rooms had been painted to return them to the original colour, the house had been tidied and the rubbish removed. No landlord evidence was provided to the contrary. The onus of proving that the tenant has failed to comply with a 14 day notice is on the landlord. I am not satisfied that it is more likely than not that the tenant has breached the terms of the two notices and the termination applications are dismissed. Rent Arrears

The Tribunal is required to consider the issue of rent arrears as of the day of the hearing. The landlord accepted that the arrears on Sunday 28 January 2024 would be $199.00. That means that as of the day of this hearing on 24 January 2024, that there are no rent arrears. The application is dismissed.

As the landlord has not been wholly or substantially successful in this application, I make no order for reimbursement of the filing fee.

Both parties have applied for name suppression. The tenant has been wholly successful and suppression of the tenant name and details is ordered. The landlord has not been wholly or substantially successful and no order is made for suppression of the landlord name and details.