What was Tenancy Tribunal case 4965097 about?

The tribunal order states: The application for termination is dismissed.

How much money was awarded in case 4965097?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,205.00 awarded to landlord

What type of tenancy dispute was case 4965097?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4965097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10922827-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4965097 about?

The tribunal order states: The application for termination is dismissed.

How much money was awarded in case 4965097?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,205.00 awarded to landlord

What type of tenancy dispute was case 4965097?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4965097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10922827-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4965097 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4965097 — net $2,852.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/10/24	$5,205.00	Rent arrears to 6/10/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,852.00
Total payable by Tenant to Landlord	$2,852.00

The landlord attended the hearing by video call.

The tenant did not join the video meeting and when she was telephoned on the phone number provided the call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. Termination – s 55

The Tribunal shall only make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed, at least 21 days in arrears. See section 55 (1) (a) of the Residential Tenancies Act 1986. Section 86 of the RTA states that proceedings before the Tribunal are commenced by filing an application in the approved form.

I raised with the landlord at the hearing that by my calculations rent was not at least 21 days in arrears on the date the application was filed.

I calculated 21 days rent was $1,785.00. On 8 August 2024 the rent arrears was $1,285.00. As rent was not 21 days arrears when the application was filed I must dismiss the claim for termination on this ground. Termination – s 56

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

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 do so. 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.

The landlord advised at the hearing that they had served 14-day notices to remedy the breach of the obligation to pay rent on the tenant however these were not provided in support of the application for termination. The landlord advised the tenant did not remedy the breach as required.

Rent was at least 21 days in arrears at the hearing date. In the event the 14-day notices had been provided the tenancy must be terminated.

Following consideration, I recalled the matter the day after the hearing to enable the landlord to provide the 14 days notices as evidence to support the application for termination. The landlord advised that the tenancy had terminated by agreement and the tenant will be removing her personal belongings and returning the keys by Sunday 6 October 2024.

A termination order is not sought and accordingly I dismiss the application for termination. Rent arrears

The landlord provided rent records which prove the amount owing to 3 October 2024 is $4,950.00. I have made an order for rent arrears to the end of the tenancy. The landlord applied to terminate the tenancy and I do not make any deduction of the rent arrears ordered for failing to mitigate loss.

As the tenancy has terminated, the bond is to be paid to the landlord immediately to offset the amount ordered. Filing fee

Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression

At the hearing the landlord sought name suppression and I have made an order suppressing the landlord’s names and identifying details. See section 95A of the Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4965097 — net $2,852.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6/10/24	$5,205.00	Rent arrears to 6/10/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,852.00
Total payable by Tenant to Landlord	$2,852.00

Order

The application for termination is dismissed.
The Bond Centre is to pay the bond of $2,380.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Ana Costain must pay [The landlord/s] $2,852.00 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by video call.
The tenant did not join the video meeting and when she was telephoned on the phone number provided the call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. Termination – s 55
The Tribunal shall only make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed, at least 21 days in arrears. See section 55 (1) (a) of the Residential Tenancies Act 1986. Section 86 of the RTA states that proceedings before the Tribunal are commenced by filing an application in the approved form.
I raised with the landlord at the hearing that by my calculations rent was not at least 21 days in arrears on the date the application was filed.
I calculated 21 days rent was $1,785.00. On 8 August 2024 the rent arrears was $1,285.00. As rent was not 21 days arrears when the application was filed I must dismiss the claim for termination on this ground. Termination – s 56
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
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 do so. 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.
The landlord advised at the hearing that they had served 14-day notices to remedy the breach of the obligation to pay rent on the tenant however these were not provided in support of the application for termination. The landlord advised the tenant did not remedy the breach as required.
Rent was at least 21 days in arrears at the hearing date. In the event the 14-day notices had been provided the tenancy must be terminated.
Following consideration, I recalled the matter the day after the hearing to enable the landlord to provide the 14 days notices as evidence to support the application for termination. The landlord advised that the tenancy had terminated by agreement and the tenant will be removing her personal belongings and returning the keys by Sunday 6 October 2024.
A termination order is not sought and accordingly I dismiss the application for termination. Rent arrears
The landlord provided rent records which prove the amount owing to 3 October 2024 is $4,950.00. I have made an order for rent arrears to the end of the tenancy. The landlord applied to terminate the tenancy and I do not make any deduction of the rent arrears ordered for failing to mitigate loss.
As the tenancy has terminated, the bond is to be paid to the landlord immediately to offset the amount ordered. Filing fee
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression
At the hearing the landlord sought name suppression and I have made an order suppressing the landlord’s names and identifying details. See section 95A of the Residential Tenancies Act 1986.

Tenancy Tribunal case 4965097 — Rent arrears

At a glance

Tenancy Tribunal case 4965097 — Rent arrears

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