What was the outcome of Tenancy Tribunal case 4789706?

The tribunal order states: The tenancy of Anne Mcrae at 12 Bradford Street, Cromwell, Cromwell 9310 is

How much money was awarded in case 4789706?

Rent Arrears: $3,714.28 awarded to landlord

What type of tenancy dispute was case 4789706?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789706?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9961655-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4789706?

The tribunal order states: The tenancy of Anne Mcrae at 12 Bradford Street, Cromwell, Cromwell 9310 is

How much money was awarded in case 4789706?

Rent Arrears: $3,714.28 awarded to landlord

What type of tenancy dispute was case 4789706?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789706?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9961655-Tenancy_Tribunal_Order.pdf.

12 Bradford Street, Cromwell, Cromwell 9310 Tenancy Tribunal Case 4789706 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4789706 — net $3,714.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,714.28	Rent arrears
Net award	$3,714.28
Total payable by Tenant to Landlord	$3,714.28

The tenancy of Anne Mcrae at 12 Bradford Street, Cromwell, Cromwell 9310 is terminated, and possession is granted to Tui Willson and Justin Wilson, at

59 am on Wednesday 21 February 2024.

Anne Mcrae must pay Tui Willson and Justin Wilson $3,714.28 immediately, calculated as shown in the table below:

All other applications are dismissed.

Reasons

Both parties attended the hearing on 15 February 2024. At the end of the hearing, the tenant invited the Tribunal to issue a decision on this matter as soon as possible and I have proceeded on that basis.

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

Should the tenancy be terminated?

The landlord applied for termination of the tenancy on a number of grounds. The first was that the rent was 21 days or more in arrears on the date that this application was filed. This application was filed with the Tribunal on 23 January 2024. The rent was not in arrears by 21 days or more on that date and that application is dismissed.

Secondly, where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

The landlord issued a 14-day rent breach notice to the tenant on 12 January 2024.

The landlord rent summary shows that the rent is in arrears today in the sum of $3,250.00. That is more than 21 days in arrears.

The tenant disputed the amounts shown in the landlord rent summary. The tenant provided her own rent summary and said that the payments made by her on 26 April 2022 and 3 May 2022 were not included in the landlord summary. A review of the landlord rent summary shows that both of the payments referred to by the tenant are included at weeks 2 and 3 of the landlord summary. The tenant accepted that the landlord rent summary was otherwise correct. In this matter, I prefer the evidence in the landlord rent summary which does include the disputed payments.

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

The landlord’s claim that the tenant has not allowed them entry to the premises when they were entitled to enter.

A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.

Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.

The landlord gave the tenant notice of their intention to conduct an inspection of the premises. The tenant says that her mental health was such that she was unable to consent to the inspection and she advised the landlord accordingly.

I find that the landlord notice to the tenant of the proposed inspection was valid in terms of s.48 RTA.

Was the tenant’s reason for failing to allow the landlord entry “reasonable” as required by s.48(4)(b) RTA? The tenant has provided evidence from a medical professional in support of her reason for refusing entry to the landlord. By a fine margin, I find the tenant refusal to be reasonable and therefore not an unlawful act for which exemplary damages could be awarded. The landlord application is dismissed.

Claims and awards in Tenancy Tribunal application 4789706 — net $3,714.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,714.28	Rent arrears
Net award	$3,714.28
Total payable by Tenant to Landlord	$3,714.28

Order

The tenancy of Anne Mcrae at 12 Bradford Street, Cromwell, Cromwell 9310 is terminated, and possession is granted to Tui Willson and Justin Wilson, at
59 am on Wednesday 21 February 2024.
Anne Mcrae must pay Tui Willson and Justin Wilson $3,714.28 immediately, calculated as shown in the table below:
All other applications are dismissed.

Reasons

Both parties attended the hearing on 15 February 2024. At the end of the hearing, the tenant invited the Tribunal to issue a decision on this matter as soon as possible and I have proceeded on that basis.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears.

Should the tenancy be terminated?

The landlord applied for termination of the tenancy on a number of grounds. The first was that the rent was 21 days or more in arrears on the date that this application was filed. This application was filed with the Tribunal on 23 January 2024. The rent was not in arrears by 21 days or more on that date and that application is dismissed.
Secondly, where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
The landlord issued a 14-day rent breach notice to the tenant on 12 January 2024.
The landlord rent summary shows that the rent is in arrears today in the sum of $3,250.00. That is more than 21 days in arrears.
The tenant disputed the amounts shown in the landlord rent summary. The tenant provided her own rent summary and said that the payments made by her on 26 April 2022 and 3 May 2022 were not included in the landlord summary. A review of the landlord rent summary shows that both of the payments referred to by the tenant are included at weeks 2 and 3 of the landlord summary. The tenant accepted that the landlord rent summary was otherwise correct. In this matter, I prefer the evidence in the landlord rent summary which does include the disputed payments.
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
The landlord’s claim that the tenant has not allowed them entry to the premises when they were entitled to enter.
A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.
The landlord gave the tenant notice of their intention to conduct an inspection of the premises. The tenant says that her mental health was such that she was unable to consent to the inspection and she advised the landlord accordingly.
I find that the landlord notice to the tenant of the proposed inspection was valid in terms of s.48 RTA.
Was the tenant’s reason for failing to allow the landlord entry “reasonable” as required by s.48(4)(b) RTA? The tenant has provided evidence from a medical professional in support of her reason for refusing entry to the landlord. By a fine margin, I find the tenant refusal to be reasonable and therefore not an unlawful act for which exemplary damages could be awarded. The landlord application is dismissed.

Tenancy Tribunal case 4789706 — Rent arrears at 12 Bradford Street, Cromwell, Cromwell 9310

At a glance

Tenancy Tribunal case 4789706 — Rent arrears at 12 Bradford Street, Cromwell, Cromwell 9310

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions