What was Tenancy Tribunal case 4892890 about?

The tribunal order states: The application is dismissed. The tenancy of [The tenant/s] at [Tenancy

How much money was awarded in case 4892890?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4892890?

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

Where can I read the official tribunal order for case 4892890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10662638-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4892890 about?

The tribunal order states: The application is dismissed. The tenancy of [The tenant/s] at [Tenancy

How much money was awarded in case 4892890?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4892890?

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

Where can I read the official tribunal order for case 4892890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10662638-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4892890 — Rent arrears

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, on the grounds that rent was at least 21 days in arrears on the date the application was filed and also that the tenant did not pay arrears within 14 days of notice being issued.

Should the tenancy be terminated?

The tenancy began in September 2020. Rent has been on time and sometimes in advance for the first three years of the tenancy. Rent arrears (and rent in advance) were $2,840.00 on 3 May 2024. The landlord emailed the tenant a 14 day notice. The tenant reduced the arrears to $1,528.57 by the end of the 14 day period. On 20 May the landlord applied to the Tribunal for termination. On 27 May the tenant paid $2,200.00 and the arrears were reduced to $100.00. The tenant began paying $40.00 on top of normal rent and on 226 June rent was $20.00 in advance. Rent payments have not been regular in the 4 weeks since then to the time of the Tribunal hearing. However the tenant paid $900.00 to the landlord prior to the hearing and at the time of the hearing rent is not in arrears. The Landlord has asked for termination.

The tenant has breached their obligations by rent being 21 days in arrears and not complying with a 14 day notice.

Regarding the breach of section 55(1)(a) Residential Tenancies Act 1986 (RTA), the Tribunal may terminate a tenancy however section 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 (where it is capable of remedy), 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. The breach has been remedied. There is no loss to the landlord. The rent record shows that for most of her tenancy there has not been a rent problem. The tenant explained in the hearing what went wrong and that she would avoid future problems by making automatic payments for rent. I am satisfied that termination should not be on the grounds of rent having been 21 days in arrear.

I have considered whether the tenancy should be terminated by a breach covered by section 56 RTA. Termination can be ordered where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Termination is a very serious consequence of any breach and therefore the RTA contemplates termination only where the circumstances are sufficiently serious to warrant termination. Although rent arrears are always a serious matter, I do not consider that the nature of the breach and extent of the breach of rent payments is these case warrants termination of the tenancy.

For these reasons the application for termination is dismissed. Suppression

Section 95A(4) provides that the Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the name or any identifying particulars of party not be published.

Order

The application is dismissed. The tenancy of [The tenant/s] at [Tenancy address suppressed] may continue.
The tenant’s name and identifying details must suppressed.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, on the grounds that rent was at least 21 days in arrears on the date the application was filed and also that the tenant did not pay arrears within 14 days of notice being issued.

Should the tenancy be terminated?

The tenancy began in September 2020. Rent has been on time and sometimes in advance for the first three years of the tenancy. Rent arrears (and rent in advance) were $2,840.00 on 3 May 2024. The landlord emailed the tenant a 14 day notice. The tenant reduced the arrears to $1,528.57 by the end of the 14 day period. On 20 May the landlord applied to the Tribunal for termination. On 27 May the tenant paid $2,200.00 and the arrears were reduced to $100.00. The tenant began paying $40.00 on top of normal rent and on 226 June rent was $20.00 in advance. Rent payments have not been regular in the 4 weeks since then to the time of the Tribunal hearing. However the tenant paid $900.00 to the landlord prior to the hearing and at the time of the hearing rent is not in arrears. The Landlord has asked for termination.
The tenant has breached their obligations by rent being 21 days in arrears and not complying with a 14 day notice.
Regarding the breach of section 55(1)(a) Residential Tenancies Act 1986 (RTA), the Tribunal may terminate a tenancy however section 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 (where it is capable of remedy), 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. The breach has been remedied. There is no loss to the landlord. The rent record shows that for most of her tenancy there has not been a rent problem. The tenant explained in the hearing what went wrong and that she would avoid future problems by making automatic payments for rent. I am satisfied that termination should not be on the grounds of rent having been 21 days in arrear.
I have considered whether the tenancy should be terminated by a breach covered by section 56 RTA. Termination can be ordered where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Termination is a very serious consequence of any breach and therefore the RTA contemplates termination only where the circumstances are sufficiently serious to warrant termination. Although rent arrears are always a serious matter, I do not consider that the nature of the breach and extent of the breach of rent payments is these case warrants termination of the tenancy.
For these reasons the application for termination is dismissed. Suppression
Section 95A(4) provides that the Tribunal may on its own initiative, having regard to the interests of the parties and to the public interest, order that the name or any identifying particulars of party not be published.

Tenancy Tribunal case 4892890 — Rent arrears

At a glance

Tenancy Tribunal case 4892890 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions