What was Tenancy Tribunal case 5065674 about?

The tribunal order states: By way of declaration, the tenancy of [The tenant/s] at [Tenancy address

How much money was awarded in case 5065674?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5065674?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5065674?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11538024-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5065674 about?

The tribunal order states: By way of declaration, the tenancy of [The tenant/s] at [Tenancy address

How much money was awarded in case 5065674?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5065674?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5065674?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11538024-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5065674 — Rent arrears

Order

By way of declaration, the tenancy of [The tenant/s] at [Tenancy address suppressed] ended on 8 November 2024.
The Bond Centre is to pay $2,525.00 of the bond of $5,200.00 ([Bond number suppressed]) to [The tenant/s] immediately.
The Bond Centre is to pay $75.00 of the bond of $5,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The residue of the bond [Bond number suppressed] ($2,600) is to remain at the Bond Centre in the name of the other tenant only.
The Tribunal orders suppression of the names and identifying details of both parties.
All other claims are dismissed.

Reasons

Both parties attended the hearing. [The landlord’s representative/s] represented the landlord.
[The tenant/s] has applied for her part of the bond and some overpaid rent to be refunded. She is one of two tenants from this tenancy. The other tenant is her sister, whom I will refer to as X in this decision as she is not a party to these proceedings.
[The tenant/s] gave notice to end her tenancy on 25 October 2024 pursuant to section 56B of the Residential Tenancies Act 1986 (RTA) which is the family violence provision. Her notice specified an end date of 7 November, and she vacated on the 8th.
X remained at the property until 8 December.
The landlord defends the claim saying firstly that section 56B RTA was not complied with and as such [The tenant/s]’s tenancy did not end on 8 November. Secondly that there is no overpaid rent.
The following are the questions for the Tribunal: i. When did [The tenant/s]’s tenancy end? ii. What was the state of the rent at the end of [The tenant/s]’s tenancy? iii. Is she entitled to her bond back? When did [The tenant/s]’s tenancy end?
[The tenant/s] and X had a fixed term tenancy that was due to end on 8 November 2024.
On 25 October [The tenant/s] sent her property manager a notice to end the tenancy for herself only pursuant to section 56B(1)(a) of the RTA. She subsequently also sent in a statement signed ostensibly by a Police Officer confirming that she had been the victim of family violence during the tenancy. The notice was signed 25 October 2024, and the statement was signed on 25 June 2024.
[The landlord’s representative/s] says they did not accept the notice for the following reasons: a. The disparity in dates between the statement and notice. b. They had no other information regarding the family violence. c. There was no evidence that the person who signed the statement was in fact a Police Officer, i.e. no stamp or official documentation. d. [The tenant/s]’s partner did not live at the property so it could not have been family violence.
As such [The landlord’s representative/s] says [The tenant/s] should be liable for rent until the end of the tenancy (pursuant to X’s notice) on 8 December.
The relevant family violence was in fact perpetrated by X’s daughter towards [The tenant/s] and continued throughout the tenancy. [The tenant/s] did not disclose the specifics of the violence to her landlord. The law
Section 56B of the RTA sets out the requirements for a withdrawal from a tenancy for family violence reasons. As follows:
Section 9 of the Family Violence Act 2018 (FVA) defines family violence as:
Regulation 7 of the Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022 (the Regulations) states that the only information that must be included in the withdrawal notice is: a. The name of the withdrawing tenant. b. The address of the premises to which the notice relates; and c. the date when the withdrawal will take effect.
Regulation 8(o) states that a Police employee is a person who may make a declaration which can be accepted as qualifying evidence. Regulation 9 states that such a statement specifying that that person has reasonable grounds to believe that the tenant is or was a victim of family violence while a tenant of the premises, will be qualifying evidence.
Pursuant to section 77(7B) of the RTA, the Tribunal does not have jurisdiction to determine whether a tenant of premises who gave notice accompanied by qualifying evidence under section 56B was in fact a victim of family violence while a tenant of the premises.
As such the Tenancy Tribunal cannot look behind a withdrawal from a tenancy based on family violence so long as it is given in the prescribed form and with qualifying evidence. As the Tribunal has no grounds to question the evidential basis for such a statement, it follows that a landlord has no grounds to question the evidential basis of a declaration made by someone under Regulation 8 of the Regulations. 1
The introduction of s 56B to the RTA by the Residential Tenancies Amendment Act 2020 reflects the Government’s response to calls for greater protection for victims of family violence. The purpose of s 56B is to protect victims of family violence by allowing them to exit their tenancy obligations quickly and safely.
The plain language of s 56B and the prescribed straightforward form, available for download on the Ministry of Business, Innovation and Employment’s Tenancy Services website, outlines the requirements for withdrawal in such circumstances. The specific wording recognises the challenges for a party experiencing family violence.
The provisions focus on procedural mechanisms, presumably to facilitate quick and effective withdrawal from tenancies, and are quite prescriptive. Precision is necessary because a 48-hour notice provision of this kind could potentially 1 paragraph 21, Birgette McCarthy v Climber Property Limited As Agent For Chunhui Lu Prashant Jett [2024] NZTT 4998168, 4999229 undermine the integrity of the legal framework governing the termination of residential tenancies if it were not strictly defined and therefore be open to abuse.
The supporting evidence criteria are intended to ensure that the claims are credible and based on evidence, striking a fair balance between tenant safety and, a landlord’s certainty of tenure. The criteria are designed to ensure that only genuine cases of family violence are considered under s 56B.
Accordingly, the Tribunal’s role under s 56B is primarily to verify that the tenant’s notice and accompanying evidence meet the formal requirements outlined in the statute and prescribed forms. The level of prescription means that the Tribunal is not required to enquire into the merits of a tenant’s claim. Discussion
In applying the above to [The tenant/s]’s situation: i. Violence by a niece is considered family violence as [The tenant/s] is in a family relationship with her. 2 ii. [The tenant/s] complied with Regulation 7 as the notice she provided contained the required information. iii. Ostensibly the statement by [Police] from the Family Harm Intervention Team met Regulation 8.
There is no direction in the RTA nor Regulations regarding the respective timings of statements and notices. Presumably this is because the effects of family violence are not linear nor straightforward. I accept [The tenant/s]’s reasoning that she was unsure what to do as she had to juggle her safety, her son’s safety and the need for a home for her child who has special needs. It took her some time to obtain the courage and clarity required to take steps to leave, and then to find alternative accommodation.
Taking into account the purpose and intent of section 56B, the FVA and the Regulations, I am satisfied that the four-month disparity in dates between the notice and statement is not fatal to their legitimacy.
Accordingly, [The tenant/s] met the prescribed requirements of section 56B of the RTA to withdraw from the tenancy. Therefore, her tenancy ended as per her notice. Accordingly, by way of declaration I confirm that termination.
I note that [The landlord’s representative/s] raised a question as to whether [Police] in fact existed. This could have been clarified by a phone call to the relevant Police station but was not. 2 Section 9 FVA
Making a false representation can be a criminal offence pursuant to section 240 of the Crimes Act 1961 which is punishable upon conviction to a maximum term of three years imprisonment. Accordingly, such deception as to impersonate a police officer in these circumstances would not, I would think, be taken likely. Therefore, without evidence to the contrary I accept the statement for what it purports to be. What was the state of the rent at the end of [The tenant/s]’s tenancy?
There was a disparity in the evidence both parties provided regarding the level of rent arrears on 8 November. Accordingly, time was provided to both after the hearing to provide substantiating evidence.
I have carefully reviewed all the statements provided to me regarding rent payments and find that as of 8 November, the last date of [The tenant/s]’s tenancy, the rent was $150 in arrears ($800 on 2 November minus the $650 paid on 4 November). [The tenant/s] is clear that she paid all her renal obligations, but I note that at times X has not paid hers which may be where the arrears were accrued.
Until 8 November both tenants were jointly and severally liable for the rent. Therefore, as [The tenant/s] and X were $150 in arrears at the end of [The tenant/s]’s tenancy, they are both liable, jointly and severally, for that amount. I therefore direct that [The tenant/s]’s half share of $75 be paid to the landlord from her bond. Pursuant to section 85 of the RTA I consider such an order just in the circumstances given family violence is involved. That resolves [The tenant/s]’s liability for arrears at the end of the tenancy. Liability for the other $75 lies with X.
After 8 November, the calculation provisions of section 56B(5) of the RTA came into effect. Essentially what that means is that X was solely liable for half the weekly rent: $650 being half of $1300, for the following two weeks (9-22 November), but the full rental of $1,300 for the remaining period of the tenancy 23 November to 8 December.
This is because pursuant to section 56B(3)(a) RTA if there are other tenants under the tenancy at the time of the withdrawal, the tenant withdrawing from the tenancy ceases to be responsible to the landlord for obligations under the tenancy agreement and this Act, except in respect of any liability for anything done or omitted to be done before the withdrawal. Is [The tenant/s] entitled to her bond back?
The landlord’s claims against the bond relate to rent arrears for the period after 8 November and a broken lock on the sliding door which also occurred after 8 November. These claims are therefore solely against X who was the sole tenant over that period, other than the $75 order as above.
There is no dispute that both [The tenant/s] and X paid half the bond of $5,200 each.
[The tenant/s] has applied to have her bond returned and the landlord has not filed a cross application against her bond. Therefore pursuant to section 22B(2) of the RTA I must direct that her bond be refunded to her minus the $75 discussed above.
Accordingly, $2,600 of the bond is to be returned to [The tenant/s]. The residual bond is to remain at the Bond Centre in the name solely of X. Filing fee
Because [The tenant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B, order that the name and any identifying particulars of the parties not be published, and I make this order accordingly. See section 95A(1A) of the RTA.

Tenancy Tribunal case 5065674 — Rent arrears

At a glance

Tenancy Tribunal case 5065674 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions