What was Tenancy Tribunal case 4826717 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4826717?

Rent Arrears: $4,627.10 awarded to landlord

What type of tenancy dispute was case 4826717?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10259849-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4826717 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4826717?

Rent Arrears: $4,627.10 awarded to landlord

What type of tenancy dispute was case 4826717?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10259849-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4826717 — Rent arrears

Claims and awards in Tenancy Tribunal application 4826717 — net $3,127.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 April 2024	$4,627.10	Rent arrears to 23 April 2024
Net award	$3,127.10
Total payable by Tenant to Landlord	$3,127.10

Claims and awards in Tenancy Tribunal application 4826717 — net $3,127.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 April 2024	$4,627.10	Rent arrears to 23 April 2024
Net award	$3,127.10
Total payable by Tenant to Landlord	$3,127.10

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord and tenant’s names and identifying details (including the names of the landlord’s property managers and the tenancy address).
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at midnight on Friday, 3 May 2024.
The Bond Centre is to pay the bond of $1,500.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay to [The landlord/s] $3,127.10 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 23 April 2024$4,627.10 Total award$4,627.10 Minus bond-$1,500.00 Total payable by Tenant to Landlord$3,127.10
The claim by [the Tenant/s] (4855379) is dismissed.

Reasons

Both parties attended the hearing. [Property manager 1] and [Property Manager 2] appeared on behalf of the landlord. [Tenant 1] appeared with a support person.
The landlord filed an application on 4 April 2024 for termination of the tenancy, rent arrears and refund of the bond.
[Tenant 1] opposes the landlord’s application. She filed her own application on 8 April 2024 seeking compensation and exemplary damages from the landlord as follows: a. Compensation in the amount of $20,540 for breach of contract; and b. Exemplary damages in the amount of $5,000 for malicious prosecution.
Both claims were heard together before me on 23 April 2024. Background
This tenancy began on 1 January 2021. The tenants were [Tenant 1] and her partner [Tenant 2].
The tenancy was originally for a fixed term of two years but on 26 June 2023 the parties executed a variation in which they agreed to extend the term of the tenancy until 31 December 2025 and for the weekly rental to increase from $375 per week to $395 per week.
The landlord says on 5 January 2024 [Tenant 2] gave notice under section 56B(1) of the Residential Tenancies Act 1986 (“RTA”) withdrawing from the tenancy as of 8 January 2024. Section 56B(1) provides as follows: 56B Withdrawal from tenancy following family violence (1) A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a) the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and (b) The notice is in the approved form and includes the prescribed information.
The landlord said that the notice met the requirements of section 56B(1)(a) and (b) and that accordingly they considered [Tenant 2] to have withdrawn from the tenancy.
The landlord wrote to [Tenant 1] by email the following day, 6 January 2024, advising that: a. [Tenant 2] had withdrawn from the tenancy; b. the rent would be reduced by 50% for a period of two weeks; and c. [Tenant 1] may wish to consider whether to remain in the tenancy by herself or to give notice to end the fixed tenancy early, with their approval.
The landlord reduced the rent by 50% to $197.50 (in accordance with section 56B(5) RTA) for the next two rent periods being 12 January 2024 to 18 January 2024 and 19 January 2024 to 25 January 2024. The reduced rent was duly paid.
The rent for the next period, being 26 January 2024 to 1 February 2024 returned to the usual rate of $395.00 and was duly paid.
The rent for the next rent period from 2 February 2024 to 8 February 2024 went unpaid and the landlord has not received any rent since.
The landlord issued a 14 day notice on 16 February 2024 but the notice expired without being remedied. The landlord’s claim – termination and rent arrears
The landlord seeks termination of the tenancy under section 55(1) RTA.
Section 55(1) provides that on any application to the Tribunal under that section by the landlord, 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, at least 21 days in arrears.
The landlord has produced a rent summary showing that on the date of filing the rent was at least days 21 days in arrears. The current arrears, as at the date of hearing and as proved by the rent summary, is $4,627.10. The tenant’s response
[Tenant 1] opposes the landlord’s claim. She says that [Tenant 2] did not suffer family violence during the tenancy. She says that the requirements of 56B RTA therefore have not been met and that [Tenant 2] withdrawal from the tenancy has not been effective. She says further that as [Tenant 2] remains a tenant it would be a breach of section 27(1) of the Bill of Rights Act 1993 for any determination to be made without [Tenant 2] being named as a party. Discussion and findings
The wording of section 55(1) is mandatory. It states that the Tribunal “shall” make an order terminating the tenancy if it is satisfied that the rent was, at the date on which the application was filed, at least 21 days in arrears.
The RTA provides only two very limited exceptions, which are set out in section 55(2) and 55(1A): a. Section 55(2) provides that the Tribunal may refuse to make an order under 55(1) if, but only if, it is satisfied that the breach has been remedied, the landlord has been compensated, and it is unlikely that the tenant will commit a further breach. b. Section 55(1A) provides that the Tribunal may, instead of making a final termination order for the non-payment of rent, make a conditional order, but only if it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal and it is unlikely that the tenant will commit any further breach.
Neither exception applies here. Section 55(2) is not applicable because the breach (being non-payment of rent) has not been remedied and the landlord has not been compensated. I specifically raised the possibility of a conditional order with [Tenant 1] at the hearing but she confirmed that she did not seek such an order and could not provide any of the assurances required for a conditional order to be made.
I do not consider that it is open for [Tenant 1] to challenge [Tenant 2] withdrawal from the tenancy as she seeks to do in opposition to the landlord’s claim.
I must emphasise that the Tribunal cannot consider whether a withdrawing tenant is a victim of family violence. In this case, that is a key submission that [Tenant 1] makes, in that she disputes family violence occurred. Section 77 of the RTA defines the jurisdiction of the Tenancy Tribunal, and that includes at subsection 7B: (7B) The Tribunal does not have jurisdiction to determine a dispute so far as it raises a question as to whether a tenant of premises who gave notice accompanied by qualifying evidence under section 56B was in fact a victim of family violence while a tenant of the premises.
Accordingly, I cannot consider any challenge on the basis of [Tenant 1] statement that there has been no family violence in this case.
I am also minded that: a. The RTA was amended in 2020 to enable victims of family violence to withdraw from a tenancy with two days’ notice. The aim of the introduction of s56B was to support victims to leave their tenancy quickly and seek safety by removing the barrier of ongoing liability for rent 1 ; b. Section 56B allows a tenant to withdraw from a tenancy by giving notice to the landlord in accordance with the RTA. There is no requirement for the landlord to investigate or establish whether there has in fact been family violence. It is sufficient for the tenant to give notice in accordance with the RTA; 1 Regulatory Impact Statement: Family violence withdrawal notice regulations under the Residential Tenancies Act 1986 dated 11 August 2022 c. The RTA only anticipates disputes between the landlord and the withdrawing tenant as to the validity of notice and only permits disclosure of the notice and accompanying evidence in the context of such disputes (see s56E(2)(c)

RTA

2 ; d. If a remaining tenant or tenants could challenge the withdrawing tenant’s withdrawal from the tenancy then the purpose of the family violence provisions would be undermined; and e. Section 56D RTA provides a remedy for remaining tenants as it makes provision for them to apply to the Tribunal for an order terminating the tenancy on the grounds of hardship.

In this case [Tenant 2] has withdrawn from the tenancy by giving notice. The landlord has confirmed that the notice complies with the RTA and has not challenged the notice. [Tenant 2] accordingly ceased to be a tenant as of 8 January 2024. There is no basis on which she should be a party to this proceeding which relates to events after [Tenant 2] ceased to be a tenant.
The landlord has proved that the rent was more than 21 days in arrears at the date that the application was filed. The criteria in sections 55(1A) and 55(2) have not been met. The landlord is entitled to an order for termination, and that is ordered.
All of the rent arrears have accrued following [Tenant 2]’ withdrawal from the tenancy and so are the sole liability of [Tenant 1]. The landlord is entitled to the payment of rent arrears to 23 April 2023 in the amount of $4,627.10, and as the then sole tenant, [Tenant 1] is liable for that debt. The tenant’s claims – compensation and exemplary damages
[Tenant 1] seeks compensation and exemplary damages from the landlord as follows: a. Compensation in the amount of $20,540 for breach of contract; and b. Exemplary damages in the amount of $5,000 for malicious prosecution.
At the hearing [Tenant 1] explained that she and [Tenant 2] had a fixed term tenancy with the landlord until 31 December 2025 and that [Tenant 2]’ share of the rental until the end of the tenancy amounts to $20,540. I understood [Tenant 1] to be saying that by failing to challenge [Tenant 2] withdrawal notice the 2 As this clam does not involve a dispute between the landlord and the withdrawing tenant I declined to receive a copy of the notice and accompanying evidence as I was not required to determine this issue. I also note that I cannot receive evidence that is not disclosed to the other party, that is a natural justice expectation with hearings. Given the statutory restrictions around the disclosure of evidence from the withdrawing tenant, it would have been improper for me to have received that evidence. landlord had improperly reneged on the contract, and has caused loss as otherwise [Tenant 2] would have been obliged to pay half of the rent for the remainder of the term.
In relation to her claim for exemplary damages, [Tenant 1] states that the landlord has “falsely accused me of family violence” and that “as [Tenant 2] has never been a victim of family violence in this tenancy, I shall submit that the requirements of the Residential Tenancies Act 1986, s 56B have certainly not been met”. The landlord’s response
The landlord said that upon receiving [Tenant 2]’ notice of withdrawal they had done their utmost to comply with their obligations under the RTA. They said that they had no basis on which to challenge [Tenant 2]’s notice and that they have acted in good faith.
They said further that they had taken advice from both Tenancy Services and the Privacy Commission as to their obligations relating to disclosure and had complied with their advice. They have offered to release [Tenant 2] from the fixed term tenancy and confirmed at the hearing this offer remained open. Discussion and findings
I consider that [Tenant 1]’ claim for compensation must fail because: a. The landlord was under no obligation to challenge the withdrawal notice and has not done so; b. liability of tenants is joint and several so [Tenant 1] would have been liable for the full amount of the rent in any event (subject to any ability of recover from [Tenant 2]); and c. The landlord has agreed to end the fixed term immediately.
Exemplary damages may be awarded for breaches which are “unlawful acts” under the RTA 3 . It is not clear how [Tenant 1]’ claim for “malicious prosecution” relates to any defined unlawful act under the RTA.
For completeness however I reiterate that a landlord is not required to look behind a withdrawal notice to consider or determine whether there has in fact been family violence. It is sufficient for the landlord to be satisfied that the notice complies with the RTA.
[Tenant 1]’ claims are not proved and are dismissed. 3 See Section 109. Suppression
The Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B, order that the name and any identifying particulars of the parties not be published. See 95A(1A) RTA.
The tenant’s opposition to the landlord’s claim and claim against the landlord have both raised the withdrawal from the tenancy by [Tenant 2] as an issue. I therefore consider that the proceedings relate to a withdrawal from a tenancy and that the Tribunal must make an order suppressing the parties’ names and identifying details including the tenancy address.
The landlord would of course be entitled to an order for suppression in any event pursuant to Section 95A(1) RTA in any event, as the successful party.

Tenancy Tribunal case 4826717 — Rent arrears

At a glance

Tenancy Tribunal case 4826717 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

RTA

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RTA

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions