How much money was awarded in case 5003312?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5003312?

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

Where can I read the official tribunal order for case 5003312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108999-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5003312?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5003312?

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

Where can I read the official tribunal order for case 5003312?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108999-Tribunal_Order_Redacted.pdf.

Unit/Flat A, 15 Miller Street, Glenholme, Rotorua 3010 Tenancy Tribunal Case 5003312 — Rent arrears

Q: What was Tenancy Tribunal case 5003312 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.

The Tribunal has no jurisdiction to order a conditional termination where there are no current rent arrears or breaches of the Tenancy Agreement or Residential Tenancies Act 1986.

The landlord’s application for a conditional order is dismissed.

Reasons

Both parties attended the hearing. This is a landlord application. Initially the landlord had sought termination for rent arrears and an unpaid invoice for a broken window.

However, on the day of the hearing the landlord advised that the rent arrears were cleared and the invoice for the broken window had been paid.

The parties had a discussion prior to the hearing and agreed that if there were any further incidents of rent arrears that the tenancy would be terminated within two days.

The landlord and tenant stated that they wanted an Order from the Tribunal to reflect that agreement.

After the hearing I realised that I did not have the jurisdiction to make such an order under the Residential Tenancies Act 1986 (“RTA”).

The landlord explained that there had been a long history of the tenant falling into rent arrears, then entering into an arrangement to clear the arrears. The owner of the property rightly sought security from the ongoing nature of the rent arrears. The landlord requested an Order stating that by consent the parties agree that the tenancy will terminate within 2 days if there are any further rent arrears.

While I acknowledge the landlord and owners’ position, I cannot make that order as it is outside the jurisdiction of the RTA in regard to s11 and s55(1A) RTA.

If the tenant were to have further rent arrears the landlord must follow the requirement of s55 RTA to seek termination of the tenancy.

Despite the tenant agreeing to the proposal suggested at the hearing, s11 (1) RTA does not allow any agreement or arrangement that is inconsistent with the provisions of the RTA. Furthermore s11(3) RTA states that any purported waiver by a tenant of any right or power conferred upon tenants in the RTA, shall have no effect.

I cannot grant a conditional order for termination within 2 days without the tenant being in rent arrears. While the tenant may have agreed to such an order, I cannot make the order as it is contrary/inconsistent to the RTA.

The landlord application for a conditional termination is dismissed.

As the tenant is not in rent arrears and the landlord’s application was dismissed, I must grant the tenant suppression of her name and details. As the landlord has been unsuccessful with their application, I cannot grant suppression.