What was Tenancy Tribunal case 4924356 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4924356?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4924356?

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

Where can I read the official tribunal order for case 4924356?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644570-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4924356 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4924356?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4924356?

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

Where can I read the official tribunal order for case 4924356?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644570-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 194 Whangaparaoa Road, Red Beach, Red Tenancy Tribunal Case 4924356 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing which was held by telephone.

The landlord has applied to terminate the tenancy as a result of issuing a 14 day notice for breach of the tenants’ obligations to pay rent. The landlord also applied for rent arrears and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986 (RTA).

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to remedy the breach.

The landlord served a 14-day notice on the tenant on 13 June 2024. The notice records the tenant owed rent and required the tenant to pay $280.00 by 27 June 2024 as well as paying their usual rent payments on time during the 14 day period.

The rent summary shows the tenants rectified the overdue rent on 18 June and paid their weekly rent payments on time. As at 27 June 2024 the tenants had remedied the breach and were not in arrears.

As the landlord has not established the tenants had failed to remedy the breach within the notice period the Tribunal cannot terminate the tenancy. Accordingly the application is dismissed.

Do the tenants owe any rent?

The rent summary establishes that the tenants do not currently owe any rent. The application for rent arrears is dismissed.

For completion I note that the rent summary provided by the landlord shows the rent week commencing on a Friday, in keeping with the start date of the tenancy. The landlord informed me part way through the hearing that the due date for rent had changed part way through the tenancy to being due each Wednesday. The rent summary does not reflect this change. Had the tenants not remedied the breach the current rent summary does not reflect when rent is paid compared to when it is now due. Suppression

Under section 95A, RTA the Tribunal must on the application of a party that has wholly or substantially succeeded in the claim order that the party’s name or identifying details not be published unless it considers publication is in the public interest or justified by the party’s conduct or other circumstances of the case.

The tenant is the successful part and has applied for suppression of their names. Accordingly suppression is granted.

As the landlord is not successful, suppression is not granted.

Reasons

Both parties attended the hearing which was held by telephone.

Should the tenancy be terminated?

The rent summary shows the tenants rectified the overdue rent on 18 June and paid their weekly rent payments on time. As at 27 June 2024 the tenants had remedied the breach and were not in arrears.

As the landlord has not established the tenants had failed to remedy the breach within the notice period the Tribunal cannot terminate the tenancy. Accordingly the application is dismissed.

Do the tenants owe any rent?

The rent summary establishes that the tenants do not currently owe any rent. The application for rent arrears is dismissed.

The tenant is the successful part and has applied for suppression of their names. Accordingly suppression is granted.

As the landlord is not successful, suppression is not granted.

Tenancy Tribunal case 4924356 — Rent arrears at Unit/Flat 1, 194 Whangaparaoa Road, Red Beach, Red

At a glance

Tenancy Tribunal case 4924356 — Rent arrears at Unit/Flat 1, 194 Whangaparaoa Road, Red Beach, Red

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Do the tenants owe any rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Do the tenants owe any rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions