What was Tenancy Tribunal case 4900712 about?

The tribunal order states: Joshua Shane Kaye must pay [The landlord/s] $770.44 immediately, being rent

How much money was awarded in case 4900712?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $750.00 awarded to landlord

What type of tenancy dispute was case 4900712?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4900712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10537344-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4900712 about?

The tribunal order states: Joshua Shane Kaye must pay [The landlord/s] $770.44 immediately, being rent

How much money was awarded in case 4900712?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $750.00 awarded to landlord

What type of tenancy dispute was case 4900712?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4900712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10537344-Tribunal_Order_Redacted.pdf.

Unit/Flat 2001B, 17 Airedale Street, Auckland Central, Tenancy Tribunal Case 4900712 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4900712 — net $770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$750.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$770.44
Total payable by Tenant to Landlord	$770.44

The landlord attended the hearing. The tenant did not.

The landlord sought orders for termination and rent arrears. As the applicant, the landlord is required to establish each claim to the civil law standard of proof on the balance of probabilities. Rent arrears

The landlord provided rent records which prove the amount owing, namely $750.00 as of 4 July 2024. I therefore find that the landlord has proven this claim. Termination Section 55(1)(a) of the Residential Tenancies Act 1986

Under section 55(1)(a) of the Residential Tenancies Act 1986, the Tribunal must make an order terminating the tenancy if, at the date on which the application was filed the rent is at least 21 days in arrears. The landlord filed their application on 28 May 2024. As at this date, the rent was 20 days in arrears. Therefore, I cannot terminate the tenancy under this section. Section 56(2) of the Residential Tenancies Act 1986

Under section 56(2) of the Residential Tenancies Act 1986, the Tribunal must make an order terminating the tenancy if at the time of determining the matter the landlord could have made an application under section 55(1)(a) of the Residential Tenancies Act 1986. This means that if the tenant were 21 days in arrears at the date of the hearing on 4 July 2024, I could have terminated the tenancy. At the date of the hearing the tenant was 8 days in arrears. Therefore, I cannot terminate the tenancy under this section. Section 56(1) of the Residential Tenancies Act 1986

Section 56(1) of the Residential Tenancies Act 1986 provides a further avenue for termination and reads as follows: 56 Termination for non-payment of rent and other breaches (1)On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that – (a)the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b)in the case of a breach capable of remedy,- (i)the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii)the other party failed to remedy the default within the required period; and (c)that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.

Section 136 of the Residential Tenancies Act 1986 stipulates the way in which notices required or authorised to be given or served on a landlord or tenant under the Act may be given or served. Section 136(d) permits notices to be given or served via email if an email address has been provided by the landlord or tenant as an address for service.

The landlord sent several 14-day notices to remedy rent arrears to the tenant via email however, the Tenancy Agreement does not record the tenant’s email as an address for service and no evidence was produced confirming that the tenant has ever authorised their email to be used as an address for service. The Tenancy Agreement records the tenancy address as the address for service. Therefore, I have reservations about whether the 14-day notices to remedy rent arrears were properly served on the tenant as required by section 136 of the Residential Tenancies Act 1986.

Even if I was satisfied that the 14-day notices to remedy rent arrears were properly served on the tenant, the timeframe given by the landlord to the tenant to repay the rent arrears in each notice was less than 14 days. Therefore, the notices did not comply with the requirements of section 56(1)(b)(i) of the Residential Tenancies Act 1986 and were invalid. For this reason, I cannot order termination under section 56(1) of the Residential Tenancies Act 1986.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4900712 — net $770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$750.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$770.44
Total payable by Tenant to Landlord	$770.44

Order

Joshua Shane Kaye must pay [The landlord/s] $770.44 immediately, being rent arrears to 4 July 2024 and the filing fee.
The application for termination is dismissed.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord sought orders for termination and rent arrears. As the applicant, the landlord is required to establish each claim to the civil law standard of proof on the balance of probabilities. Rent arrears
The landlord provided rent records which prove the amount owing, namely $750.00 as of 4 July 2024. I therefore find that the landlord has proven this claim. Termination Section 55(1)(a) of the Residential Tenancies Act 1986
Under section 55(1)(a) of the Residential Tenancies Act 1986, the Tribunal must make an order terminating the tenancy if, at the date on which the application was filed the rent is at least 21 days in arrears. The landlord filed their application on 28 May 2024. As at this date, the rent was 20 days in arrears. Therefore, I cannot terminate the tenancy under this section. Section 56(2) of the Residential Tenancies Act 1986
Under section 56(2) of the Residential Tenancies Act 1986, the Tribunal must make an order terminating the tenancy if at the time of determining the matter the landlord could have made an application under section 55(1)(a) of the Residential Tenancies Act 1986. This means that if the tenant were 21 days in arrears at the date of the hearing on 4 July 2024, I could have terminated the tenancy. At the date of the hearing the tenant was 8 days in arrears. Therefore, I cannot terminate the tenancy under this section. Section 56(1) of the Residential Tenancies Act 1986
Section 56(1) of the Residential Tenancies Act 1986 provides a further avenue for termination and reads as follows: 56 Termination for non-payment of rent and other breaches (1)On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that – (a)the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and (b)in the case of a breach capable of remedy,- (i)the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and (ii)the other party failed to remedy the default within the required period; and (c)that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
Section 136 of the Residential Tenancies Act 1986 stipulates the way in which notices required or authorised to be given or served on a landlord or tenant under the Act may be given or served. Section 136(d) permits notices to be given or served via email if an email address has been provided by the landlord or tenant as an address for service.
The landlord sent several 14-day notices to remedy rent arrears to the tenant via email however, the Tenancy Agreement does not record the tenant’s email as an address for service and no evidence was produced confirming that the tenant has ever authorised their email to be used as an address for service. The Tenancy Agreement records the tenancy address as the address for service. Therefore, I have reservations about whether the 14-day notices to remedy rent arrears were properly served on the tenant as required by section 136 of the Residential Tenancies Act 1986.
Even if I was satisfied that the 14-day notices to remedy rent arrears were properly served on the tenant, the timeframe given by the landlord to the tenant to repay the rent arrears in each notice was less than 14 days. Therefore, the notices did not comply with the requirements of section 56(1)(b)(i) of the Residential Tenancies Act 1986 and were invalid. For this reason, I cannot order termination under section 56(1) of the Residential Tenancies Act 1986.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4900712 — Rent arrears at Unit/Flat 2001B, 17 Airedale Street, Auckland Central,

At a glance

Tenancy Tribunal case 4900712 — Rent arrears at Unit/Flat 2001B, 17 Airedale Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions