What was the outcome of Tenancy Tribunal case 4776438?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4776438?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4776438?

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

Where can I read the official tribunal order for case 4776438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9960062-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4776438?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4776438?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4776438?

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

Where can I read the official tribunal order for case 4776438?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9960062-Tenancy_Tribunal_Order.pdf.

22 Rochfort Crescent, Pyes Pa, Tauranga 3112 Tenancy Tribunal Case 4776438 — Rent arrears

Reasons

Mr Walker attended the hearing by teleconference on behalf of the landlord. The phone number for the tenant, Mr Williamson, the last three digits being 233, was called twice without any response. As the tenant was served, the hearing proceeded in his absence.

The landlord has applied for termination and possession, rent arrears and refund of the application fee.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.

The applicant claimed that the tenant was in arrears at the time the application was filed. The landlord provided a rent summary at the hearing, which showed that the tenant had made payment of the rent arrears owing just before the hearing, was in credit in the amount of $700.00 at the date of the hearing, and had paid rent up to 29 February 2024.

As there were no rent arrears owing as at the date of hearing, I am unable to make an order for rent arrears and so dismiss the claim for rent arrears.

Should the tenancy be terminated?

Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.

Subsection 55(2) RTA provides that the Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied, the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies.

At the hearing, the landlord said that he did not wish to pursue a termination and possession order, as long as the tenant paid his rent on time and in advance, as required. The landlord sought an order in this regard.

Whilst the tenant may have been technically 21 days in arrears as at the date of the landlord’s application, the tenant has paid all the rent arrears owing and was in credit for rent at the date of the hearing, up to 29 February 2024.

In the circumstances, and given the evidence that the tenant has paid all rent arrears owing and is in credit at the date of hearing, and from reviewing the rent summary, I am satisfied the grounds in subsection 55(2) RTA have been made out. Further, the landlord said at the hearing that he was not seeking a termination order, but was seeking an order the Tribunal cannot make, which is ordering the tenant to pay rent on time and in advance. However, there is no need for the Tribunal to make such an order, as the tenant is responsible for paying rent as and when it is due and as is payable under the tenant agreement, pursuant to section 40(1)(a) RTA.

It is not unusual for landlords to apply for termination of the tenancy, and, by the date of hearing, they no longer seek termination as the tenant has paid the rent arrears in full, or payment arrangements have been made between the parties.

The tenant, Mr Williamson, is reminded of his obligations to pay rent as and when it is due and as is payable under the tenancy agreement, pursuant to section 40(1)(a) RTA. Whilst there has been no termination order on this occasion, should Mr Williamson not comply with this obligation in a timely manner, the tenancy may well be terminated in the future. Suppression

The landlord requested suppression but as the claims are dismissed, I do not order suppression. Filing fee

As the claims are dismissed, I do not award the filing fee to the landlord either.

Order

The application is dismissed.

Reasons

Mr Walker attended the hearing by teleconference on behalf of the landlord. The phone number for the tenant, Mr Williamson, the last three digits being 233, was called twice without any response. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination and possession, rent arrears and refund of the application fee.
The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities.
The applicant claimed that the tenant was in arrears at the time the application was filed. The landlord provided a rent summary at the hearing, which showed that the tenant had made payment of the rent arrears owing just before the hearing, was in credit in the amount of $700.00 at the date of the hearing, and had paid rent up to 29 February 2024.
As there were no rent arrears owing as at the date of hearing, I am unable to make an order for rent arrears and so dismiss the claim for rent arrears.

Should the tenancy be terminated?

Section 55(1)(a) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed under section 86, at least 21 days in arrears.
Subsection 55(2) RTA provides that the Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied, the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies.
At the hearing, the landlord said that he did not wish to pursue a termination and possession order, as long as the tenant paid his rent on time and in advance, as required. The landlord sought an order in this regard.
Whilst the tenant may have been technically 21 days in arrears as at the date of the landlord’s application, the tenant has paid all the rent arrears owing and was in credit for rent at the date of the hearing, up to 29 February 2024.
In the circumstances, and given the evidence that the tenant has paid all rent arrears owing and is in credit at the date of hearing, and from reviewing the rent summary, I am satisfied the grounds in subsection 55(2) RTA have been made out. Further, the landlord said at the hearing that he was not seeking a termination order, but was seeking an order the Tribunal cannot make, which is ordering the tenant to pay rent on time and in advance. However, there is no need for the Tribunal to make such an order, as the tenant is responsible for paying rent as and when it is due and as is payable under the tenant agreement, pursuant to section 40(1)(a) RTA.
It is not unusual for landlords to apply for termination of the tenancy, and, by the date of hearing, they no longer seek termination as the tenant has paid the rent arrears in full, or payment arrangements have been made between the parties.
The tenant, Mr Williamson, is reminded of his obligations to pay rent as and when it is due and as is payable under the tenancy agreement, pursuant to section 40(1)(a) RTA. Whilst there has been no termination order on this occasion, should Mr Williamson not comply with this obligation in a timely manner, the tenancy may well be terminated in the future. Suppression
The landlord requested suppression but as the claims are dismissed, I do not order suppression. Filing fee
As the claims are dismissed, I do not award the filing fee to the landlord either.

Tenancy Tribunal case 4776438 — Rent arrears at 22 Rochfort Crescent, Pyes Pa, Tauranga 3112

At a glance

Tenancy Tribunal case 4776438 — Rent arrears at 22 Rochfort Crescent, Pyes Pa, Tauranga 3112

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions