What was Tenancy Tribunal case 4858916 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4858916?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4858916?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4858916?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10485908-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4858916 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4858916?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4858916?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4858916?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10485908-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4858916 — 14-day notice

Tenantcheck Insights

Reasons

Both parties attended the hearing. [The landlord’s representative/s] represented the landlord.

The landlord has applied for termination of the tenancy pursuant to section 55(1)(aa) Residential Tenancies Act 1986 (RTA).

The RTA states that the Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. 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; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) RTA

In this case, I find the landlord has served notices on the tenant as required in the RTA, and the application to the Tribunal was made within 28 days of the date of the third notice.

However, although the procedural requirements of s55(1)(aa) of the RTA have been met, it is not considered just pursuant to section 85 of the RTA to terminate the tenancy at this time. This is because the arrears the first and second notices related to were low, [The tenant/s] rectified each breach quickly after each notice, she is not in arrears currently and for the majority of her three year tenancy she has been ahead on her rent.

It was therefore agreed at the hearing that the tenancy should continue at this time, however if the landlord is in a position where they have to make a further application, the Tribunal may well take a different approach. Essentially, [The tenant/s] is being given an opportunity now, but should the matter come before the Tribunal again, the tenancy may at that stage be terminated.

Accordingly, the application for termination is dismissed.

Because this is a consent order, all identifying details of the parties are to be suppressed from the published order.

Reasons

Both parties attended the hearing. [The landlord’s representative/s] represented the landlord.

The landlord has applied for termination of the tenancy pursuant to section 55(1)(aa) Residential Tenancies Act 1986 (RTA).

In this case, I find the landlord has served notices on the tenant as required in the RTA, and the application to the Tribunal was made within 28 days of the date of the third notice.

Accordingly, the application for termination is dismissed.

Because this is a consent order, all identifying details of the parties are to be suppressed from the published order.

Tenancy Tribunal case 4858916 — 14-day notice

At a glance

Tenancy Tribunal case 4858916 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions