What was the outcome of Tenancy Tribunal case 4855340?

The tribunal order states: The claim is dismissed.

How much money was awarded in case 4855340?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4855340?

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

Where can I read the official tribunal order for case 4855340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10488133-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4855340?

The tribunal order states: The claim is dismissed.

How much money was awarded in case 4855340?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4855340?

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

Where can I read the official tribunal order for case 4855340?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10488133-Tenancy_Tribunal_Order.pdf.

32 Forbes Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 4855340 — Rent arrears

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Reasons

Both parties attended the hearing by teleconference.

Are there rent arrears?

At the time of the hearing rent was paid in full.

Should the tenancy be terminated?

The landlord has applied for termination of the tenancy on the grounds that on three separate occasions, within a 90-day period, the rent has been at least 5 working days in arrear and 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. The landlord provided the notices as part of the evidence.

Section 55(1)(aa)(iii) requires that each notice states how many other notices the landlord has given the tenant in relation to the same tenancy and 90-day period.

The first of the three notices is dated 29 January 2024 and states that the 90 day period began on 17 January 2024. The second notice is dated 14 March 2024. It states that the 90 day period began on 29 February 2024. Clearly that is a different 90 day notice period from the first notice.

The landlord believes that this error should be overlooked by the Tribunal when considering whether to terminate the tenancy. The landlord said that the Tribunal has the authority to ‘overlook’ the error. However termination of a tenancy is the ultimate sanction. The consequences of termination have very serious consequences for a tenant. The terms of this section of the Residential Tenancies Act 1986 are very specific and it is reasonable to presume that Parliament intended that they be exactly complied with. The Tribunal has previously taken a prescriptive interpretation of this provision requiring landlords’ strict adherence to its requirements.

As the landlord’s notices do not comply with the requirements of section 55(1)(aa) RTA due to inaccuracies in the information they must contain, the landlord’s application must be dismissed.

Reasons

Both parties attended the hearing by teleconference.

Are there rent arrears?

At the time of the hearing rent was paid in full.

Should the tenancy be terminated?

Section 55(1)(aa)(iii) requires that each notice states how many other notices the landlord has given the tenant in relation to the same tenancy and 90-day period.

As the landlord’s notices do not comply with the requirements of section 55(1)(aa) RTA due to inaccuracies in the information they must contain, the landlord’s application must be dismissed.

Tenancy Tribunal case 4855340 — Rent arrears at 32 Forbes Street, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 4855340 — Rent arrears at 32 Forbes Street, Onehunga, Auckland 1061

At a glance

Claims & awards

Order

Reasons

Are there rent arrears?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Are there rent arrears?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions