What was Tenancy Tribunal case 4975655 about?

The tribunal order states: [The tenant/s]’s current tenancy began on 10 February 2016.

How much money was awarded in case 4975655?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4975655?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4975655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11023020-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4975655 about?

The tribunal order states: [The tenant/s]’s current tenancy began on 10 February 2016.

How much money was awarded in case 4975655?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4975655?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4975655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11023020-Tenancy_Tribunal_Order.pdf.

31A Eastview Road, Glen Innes, Auckland 1072 Tenancy Tribunal Case 4975655 — Boarding House

Reasons

Both parties attended the hearing.

[The tenant/s] (“Ms Simon”) brings a claim concerning the dates of her rent increases and seeks a reconciliation of her rent following determination by the Tribunal.

Related to this claim is an issue concerning the recorded start date of Ms Simon’s tenancy. The start date of Ms Simon’s tenancy had been recorded on some documents as 1 April 2016. However, Ms Simon stated that 1 April 2016 was the date that Housing New Zealand transferred housing stock, including her premises, to Tamaki Regeneration Limited, and that the actual start date of her tenancy was 10 February 2016. Tamaki Regeneration Limited has now corrected their records regarding Ms Simon’s tenancy.

Ms Simon’s rent was set at $52.00 per week from 10 February 2016. Following a notice period, her first rent increase occurred on 14 November 2017. Rent was increased to $53.00 per week.

Rent increases are covered in part by section 24 of the Residential Tenancies Act, 1986 which reads in part as follows: 24Rent increases (1)The rent payable in respect of any tenancy may be increased by the landlord provided all of the following conditions are complied with: (a)the landlord shall give the tenant notice in writing of the increase; and (b)that notice shall specify the amount of the increased rent and the day upon which the increased rent shall become payable; and (c)the day upon which the increased rent shall become payable shall be not less than 60 days (or, in the case of a boarding house tenancy, not less than 28 days) after the date on which that notice is given; and (d)the rent must not be increased within 12 months after the date of the commencement of the tenancy; and (e)the rent must not be increased within 12 months after the date on which the last increase took effect; and ...

Ms Simon correctly pointed out that 14 November is a little over 39 weeks after 10 February. Ms Simon’s view is that section 24(1), clauses (d) and (e) must be interpreted to mean that if a tenancy agreement was signed on 10 February of any given year, then a rent increase can only be implemented on 10 February of any following year, as to do so otherwise would be less than 12 months after the date of the date of commencement or last increase.

I appreciate Ms Simon’s perspective on this point, but I see it differently. A date includes not just a day a month, but also a year. Therefore, as long as the rent increase does not fall within the first 12 months after the date of commencement of the tenancy, or the date on which the last increase took effect, the rent increase complies with the RTA so far as this point is concerned.

In Ms Simon’s case, the first rent increase was 12 months plus 39 weeks after the commencement date of the tenancy. This rent increase therefore complies with section 24 of the RTA.

Having looked at subsequent rent increases up to the latest on 9 January 2024, I as satisfied that subsequent rent increases also comply with section 24 of the RTA.

Order

[The tenant/s]’s current tenancy began on 10 February 2016.
[The tenant/s]’s request for a rent reconciliation is dismissed.

Reasons

Both parties attended the hearing.
[The tenant/s] (“Ms Simon”) brings a claim concerning the dates of her rent increases and seeks a reconciliation of her rent following determination by the Tribunal.
Related to this claim is an issue concerning the recorded start date of Ms Simon’s tenancy. The start date of Ms Simon’s tenancy had been recorded on some documents as 1 April 2016. However, Ms Simon stated that 1 April 2016 was the date that Housing New Zealand transferred housing stock, including her premises, to Tamaki Regeneration Limited, and that the actual start date of her tenancy was 10 February 2016. Tamaki Regeneration Limited has now corrected their records regarding Ms Simon’s tenancy.
Ms Simon’s rent was set at $52.00 per week from 10 February 2016. Following a notice period, her first rent increase occurred on 14 November 2017. Rent was increased to $53.00 per week.
Rent increases are covered in part by section 24 of the Residential Tenancies Act, 1986 which reads in part as follows: 24Rent increases (1)The rent payable in respect of any tenancy may be increased by the landlord provided all of the following conditions are complied with: (a)the landlord shall give the tenant notice in writing of the increase; and (b)that notice shall specify the amount of the increased rent and the day upon which the increased rent shall become payable; and (c)the day upon which the increased rent shall become payable shall be not less than 60 days (or, in the case of a boarding house tenancy, not less than 28 days) after the date on which that notice is given; and (d)the rent must not be increased within 12 months after the date of the commencement of the tenancy; and (e)the rent must not be increased within 12 months after the date on which the last increase took effect; and ...
Ms Simon correctly pointed out that 14 November is a little over 39 weeks after 10 February. Ms Simon’s view is that section 24(1), clauses (d) and (e) must be interpreted to mean that if a tenancy agreement was signed on 10 February of any given year, then a rent increase can only be implemented on 10 February of any following year, as to do so otherwise would be less than 12 months after the date of the date of commencement or last increase.
I appreciate Ms Simon’s perspective on this point, but I see it differently. A date includes not just a day a month, but also a year. Therefore, as long as the rent increase does not fall within the first 12 months after the date of commencement of the tenancy, or the date on which the last increase took effect, the rent increase complies with the RTA so far as this point is concerned.
In Ms Simon’s case, the first rent increase was 12 months plus 39 weeks after the commencement date of the tenancy. This rent increase therefore complies with section 24 of the RTA.
Having looked at subsequent rent increases up to the latest on 9 January 2024, I as satisfied that subsequent rent increases also comply with section 24 of the RTA.

Tenancy Tribunal case 4975655 — Boarding House at 31A Eastview Road, Glen Innes, Auckland 1072

At a glance

Claims & awards

Tenancy Tribunal case 4975655 — Boarding House at 31A Eastview Road, Glen Innes, Auckland 1072

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions