What was the outcome of Tenancy Tribunal case 4904393?

The tribunal order states: The tenancy of Leah Joy Grant at 5 Hokitika-Kaniere Tramway, Kaniere,

How much money was awarded in case 4904393?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,500.00 awarded to landlord

What type of tenancy dispute was case 4904393?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4904393?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10544950-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4904393?

The tribunal order states: The tenancy of Leah Joy Grant at 5 Hokitika-Kaniere Tramway, Kaniere,

How much money was awarded in case 4904393?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,500.00 awarded to landlord

What type of tenancy dispute was case 4904393?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4904393?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10544950-Tenancy_Tribunal_Order.pdf.

5 Hokitika-Kaniere Tramway, Kaniere, Hokitika 7811 Tenancy Tribunal Case 4904393 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4904393 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2024	$2,500.00	Rent arrears to 8 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Total payable by Tenant to Landlord	$520.44

The tenancy of Leah Joy Grant at 5 Hokitika-Kaniere Tramway, Kaniere, Hokitika 7811 is terminated, and possession is granted to Stephen Raymond Dalley, at 11.59pm on Monday 8 July 2024.

Leah Joy Grant must pay Stephen Raymond Dalley $520.44 immediately, as calculated below:

The Bond Centre is to pay the bond of $2,000.00 (6375807-002) to Stephen Raymond Dalley immediately.

The tenant’s application is withdrawn.

Reasons

Both parties attended the hearing which I conducted by phone.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.

The tenant has applied for a declaration that the landlord’s notice to terminate the tenancy was unlawful because the tenancy did not meet the criteria for a short, fixed term tenancy. The landlord’s application

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986 (RTA).

Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount of rent owing today and at the end of the current rent period. The tenant accepted that the rent summary was correct.

I have granted the landlord possession at the end of the current rent period and have made a rent arrears order to that date. The tenant’s application

The tenant withdrew her application. But she said she wanted acknowledgment that the landlord’s notice to terminate the tenancy was not lawful because the tenancy was not a short-term tenancy and should have become a periodic tenancy.

Section 7 RTA sets out the criteria for a short-term tenancy (a tenancy of not more than 90 days) as this tenancy was.

To be a valid short-term tenancy (and therefore not subject to section 51 RTA which sets out when a tenancy can be terminated by notice) the parties must agree in writing that the tenancy will not be extended or renewed to extend beyond 90 days.

Section 7(2A) RTA provides that the parties may not enter into a fixed term tenancy of not more than 90 days for the purpose of using that tenancy as a trial-period for ascertaining the desirability of extending or renewing the tenancy.

The landlord’s correspondence to the tenant dated 30 April 2024 makes it clear that the landlord agreed to the tenancy as a trial short term tenancy because of past issues you had with a previous rental. He said we would assess the situation after that.

Had there been no rent arrears, the Tribunal would have found that the tenancy became a periodic tenancy after the end of the 90-day fixed term period.

But events have overtaken the tenant’s application. First, the landlord agreed for the tenant to remain in the tenancy provided she paid her rent arrears and remained up to date with the rent. So, his notice to terminate the tenancy was rescinded.

Second, the tenancy having continued, the tenant was in the same position as she would have been had the parties entered a new fixed term tenancy (or if the tenancy had continued as a periodic tenancy).

She had a statutory responsibility to pay rent when due and her failure to do so exposed her to the usual termination provisions that apply to every tenancy, for non-payment of rent, whether a fixed term or periodic tenancy.

So, even if the tenant had not withdrawn her application, the outcome would be no different.

Because the rent is at least 21 days in arrears at the date of the hearing, the landlord having served breach notices for rent arrears, the Tribunal must terminate the tenancy. Nothing in the tenant’s application would have changed that. Result

The tenancy must be, and is, terminated. Possession is granted to the landlord at the end of the current rent period.

The bond will be paid to the landlord.

After the deduction of the bond, the tenant must pay the landlord rent arrears of $500.00 and the filing fee of $20.44, a total of $520.44. Name suppression

On my enquiry, neither party sought a name suppression order.

Claims and awards in Tenancy Tribunal application 4904393 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 July 2024	$2,500.00	Rent arrears to 8 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Total payable by Tenant to Landlord	$520.44

Order

The tenancy of Leah Joy Grant at 5 Hokitika-Kaniere Tramway, Kaniere, Hokitika 7811 is terminated, and possession is granted to Stephen Raymond Dalley, at 11.59pm on Monday 8 July 2024.
Leah Joy Grant must pay Stephen Raymond Dalley $520.44 immediately, as calculated below:
The Bond Centre is to pay the bond of $2,000.00 (6375807-002) to Stephen Raymond Dalley immediately.
The tenant’s application is withdrawn.

Reasons

Both parties attended the hearing which I conducted by phone.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
The tenant has applied for a declaration that the landlord’s notice to terminate the tenancy was unlawful because the tenancy did not meet the criteria for a short, fixed term tenancy. The landlord’s application

Should the tenancy be terminated?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986 (RTA).
Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

How much does the tenant owe?

The landlord provided rent records which prove the amount of rent owing today and at the end of the current rent period. The tenant accepted that the rent summary was correct.
I have granted the landlord possession at the end of the current rent period and have made a rent arrears order to that date. The tenant’s application
The tenant withdrew her application. But she said she wanted acknowledgment that the landlord’s notice to terminate the tenancy was not lawful because the tenancy was not a short-term tenancy and should have become a periodic tenancy.
Section 7 RTA sets out the criteria for a short-term tenancy (a tenancy of not more than 90 days) as this tenancy was.
To be a valid short-term tenancy (and therefore not subject to section 51 RTA which sets out when a tenancy can be terminated by notice) the parties must agree in writing that the tenancy will not be extended or renewed to extend beyond 90 days.
Section 7(2A) RTA provides that the parties may not enter into a fixed term tenancy of not more than 90 days for the purpose of using that tenancy as a trial-period for ascertaining the desirability of extending or renewing the tenancy.
The landlord’s correspondence to the tenant dated 30 April 2024 makes it clear that the landlord agreed to the tenancy as a trial short term tenancy because of past issues you had with a previous rental. He said we would assess the situation after that.
Had there been no rent arrears, the Tribunal would have found that the tenancy became a periodic tenancy after the end of the 90-day fixed term period.
But events have overtaken the tenant’s application. First, the landlord agreed for the tenant to remain in the tenancy provided she paid her rent arrears and remained up to date with the rent. So, his notice to terminate the tenancy was rescinded.
Second, the tenancy having continued, the tenant was in the same position as she would have been had the parties entered a new fixed term tenancy (or if the tenancy had continued as a periodic tenancy).
She had a statutory responsibility to pay rent when due and her failure to do so exposed her to the usual termination provisions that apply to every tenancy, for non-payment of rent, whether a fixed term or periodic tenancy.
So, even if the tenant had not withdrawn her application, the outcome would be no different.
Because the rent is at least 21 days in arrears at the date of the hearing, the landlord having served breach notices for rent arrears, the Tribunal must terminate the tenancy. Nothing in the tenant’s application would have changed that. Result
The tenancy must be, and is, terminated. Possession is granted to the landlord at the end of the current rent period.
The bond will be paid to the landlord.
After the deduction of the bond, the tenant must pay the landlord rent arrears of $500.00 and the filing fee of $20.44, a total of $520.44. Name suppression
On my enquiry, neither party sought a name suppression order.

Tenancy Tribunal case 4904393 — Rent arrears at 5 Hokitika-Kaniere Tramway, Kaniere, Hokitika 7811

At a glance

Tenancy Tribunal case 4904393 — Rent arrears at 5 Hokitika-Kaniere Tramway, Kaniere, Hokitika 7811

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions