What was Tenancy Tribunal case 5051171 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 5051171?

The reconciled net award was $650.00.

What type of tenancy dispute was case 5051171?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5051171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11405197-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5051171 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 5051171?

The reconciled net award was $650.00.

What type of tenancy dispute was case 5051171?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5051171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11405197-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5051171 — 14-day notice

Claims and awards in Tenancy Tribunal application 5051171 — net $650.00 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$650.00

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 14 March 2025 unless terminated earlier in accordance with Order 3.
Until the end of the tenancy, [The tenant/s] must pay [The landlord/s] the weekly rent of $650 every Saturday commencing Saturday 8 February 2025 until the end of the tenancy.
If [The tenant/s] fail to pay weekly rent in accordance with Order 2, within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
[The tenant/s] must pay [The landlord/s] $27 immediately being reimbursement of the filing fee for the application.
If the tenants fail to pay the filing fee within 2 working days of 7 February 2025, the filing fee will be payable immediately and can be enforced through the District Court.
The tenants must pay the next water rates invoice within 7 working days of receiving the invoice provided the original bill from the water company is disclosed to them.
[The landlord/s] must lodge the bond at the Bond Centre immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing. The landlord was represented by her daughter, [redacted].
The landlord has applied for termination of the tenancy on the basis of rent arrears.
As discussed at the hearing I dismiss this application for the following reasons.
The application was made under two sections of the Residential Tenancies Act 1986 (RTA): sections 55 and 56. The application pursuant to section 55 RTA must be dismissed because the rent was not in 21 days arrears when the claim was filed when the two weeks rent in advance (paid 29 March 2024) is taken into account.
The landlord was under the mistaken impression that the two weeks rent in advance paid before the tenancy commenced was to be used for the final two weeks of the tenancy only. Such an arrangement is not lawful: see sections 11 and 23 of the RTA.
The application pursuant to section 56 RTA must also be dismissed because when the three 14-day notices to remedy issued in November were issued, when the rent in advance was taken into account, they were remedied.
Accordingly, there is no provision under the RTA, except by consent, that the Tribunal can terminate the tenancy. I appreciate that this is extremely frustrating for the landlord given the tenants had not paid, until the date of the hearing, their rent for some 10 weeks. They also had not paid their water rates until the date of the hearing. These actions have placed the landlord in an extremely difficult financial situation.
Nevertheless, the tenants agree that the tenancy cannot continue. The parties have therefore agreed to end the tenancy on 14 March provided the tenants pay the weekly rent in accordance with the tenancy agreement until that time.
To be clear, rent is due each Saturday, the next date is tomorrow, therefore the tenants need to pay rent each Saturday with the last payment on 8 March for the tenancy to continue until the 14 th . Should they fail to pay the rent in accordance with this order then the landlord can terminate the tenancy immediately.
Having heard the parties’ submissions, I am satisfied that this consent order is fair and reasonable in the circumstances. 1
Other payments to be made by the tenants are reimbursement of the $27 filing fee and the next water rates bill when it is provided. To be clear, when water rates are sought to be reimbursed the original bill must be provided to the tenants and tenants are only liable for their usage costs.
Finally, in accordance with section 19 of the RTA the landlord must lodge the bond at the bond centre immediately.
Given this order is made by consent, it is appropriate that all party identifying details be suppressed from the published order. 2

Claims and awards in Tenancy Tribunal application 5051171 — net $650.00 NZD. Verify amounts on MoJ.
Claim	Category	Amount	Awarded to	Reason
Net award	$650.00

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Friday 14 March 2025 unless terminated earlier in accordance with Order 3.
Until the end of the tenancy, [The tenant/s] must pay [The landlord/s] the weekly rent of $650 every Saturday commencing Saturday 8 February 2025 until the end of the tenancy.
If [The tenant/s] fail to pay weekly rent in accordance with Order 2, within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
[The tenant/s] must pay [The landlord/s] $27 immediately being reimbursement of the filing fee for the application.
If the tenants fail to pay the filing fee within 2 working days of 7 February 2025, the filing fee will be payable immediately and can be enforced through the District Court.
The tenants must pay the next water rates invoice within 7 working days of receiving the invoice provided the original bill from the water company is disclosed to them.
[The landlord/s] must lodge the bond at the Bond Centre immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing. The landlord was represented by her daughter, [redacted].
The landlord has applied for termination of the tenancy on the basis of rent arrears.
As discussed at the hearing I dismiss this application for the following reasons.
The application was made under two sections of the Residential Tenancies Act 1986 (RTA): sections 55 and 56. The application pursuant to section 55 RTA must be dismissed because the rent was not in 21 days arrears when the claim was filed when the two weeks rent in advance (paid 29 March 2024) is taken into account.
The landlord was under the mistaken impression that the two weeks rent in advance paid before the tenancy commenced was to be used for the final two weeks of the tenancy only. Such an arrangement is not lawful: see sections 11 and 23 of the RTA.
The application pursuant to section 56 RTA must also be dismissed because when the three 14-day notices to remedy issued in November were issued, when the rent in advance was taken into account, they were remedied.
Accordingly, there is no provision under the RTA, except by consent, that the Tribunal can terminate the tenancy. I appreciate that this is extremely frustrating for the landlord given the tenants had not paid, until the date of the hearing, their rent for some 10 weeks. They also had not paid their water rates until the date of the hearing. These actions have placed the landlord in an extremely difficult financial situation.
Nevertheless, the tenants agree that the tenancy cannot continue. The parties have therefore agreed to end the tenancy on 14 March provided the tenants pay the weekly rent in accordance with the tenancy agreement until that time.
To be clear, rent is due each Saturday, the next date is tomorrow, therefore the tenants need to pay rent each Saturday with the last payment on 8 March for the tenancy to continue until the 14 th . Should they fail to pay the rent in accordance with this order then the landlord can terminate the tenancy immediately.
Having heard the parties’ submissions, I am satisfied that this consent order is fair and reasonable in the circumstances. 1
Other payments to be made by the tenants are reimbursement of the $27 filing fee and the next water rates bill when it is provided. To be clear, when water rates are sought to be reimbursed the original bill must be provided to the tenants and tenants are only liable for their usage costs.
Finally, in accordance with section 19 of the RTA the landlord must lodge the bond at the bond centre immediately.
Given this order is made by consent, it is appropriate that all party identifying details be suppressed from the published order. 2

Tenancy Tribunal case 5051171 — 14-day notice

At a glance

Tenancy Tribunal case 5051171 — 14-day notice

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