What was Tenancy Tribunal case 5027479 about?

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

How much money was awarded in case 5027479?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5027479?

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

Where can I read the official tribunal order for case 5027479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11186405-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5027479 about?

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

How much money was awarded in case 5027479?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5027479?

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

Where can I read the official tribunal order for case 5027479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11186405-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5027479 — Rent arrears

Tenantcheck Insights

Reasons

The landlord’s representative attended two hearings on 6 December 2024. I phoned the tenant several times on her mobile number at the hearing times, but the phone went to voicemail on each occasion.

The tenant has been emailed notice of the hearing date and times to her address for service, so I continued in her absence.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The Tribunal must terminate a tenancy where: [my underlining] a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986 (RTA).

The landlord has served three notices on the tenant however the notices do not comply with the requirements in the Residential Tenancies Act 1986.

The notices do not advise the tenant of the dates for which the rent was overdue. See s55(1)(aa)(ii) RTA.

The purpose of the notice requirements is to make sure a tenant has fair warning that the landlord says the rent is 5 working days late, the dates and amounts this relates to, and that if this happens three times within a 90-day period, the landlord has the right to apply to the Tribunal to end the tenancy.

The landlord must also prove that the rent was in fact at least 5 working days overdue on the three separate occasions referred to in the notices.

The rent ledgers supplied by the landlord do not prove this.

The first ledger did not show a running arrears balance and the second ledger was missing every second page.

Even if the rent ledgers had been complete, I could not have terminated the tenancy because the notices given to the tenant are deficient.

There is a notice template available on the Tenancy Services website.

The application is dismissed.

The landlord has not succeeded with the claim, so the tenant is entitled to suppression of her name from the published order. I also suppress the landlords’ names on this occasion as the application was made in good faith.