What was the outcome of Tenancy Tribunal case 5093170?

The tribunal order states: Kylie Morehu must pay Property Management Andco Limited As Agent For

How much money was awarded in case 5093170?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,693.43 awarded to landlord

What type of tenancy dispute was case 5093170?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5093170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11260448-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5093170?

The tribunal order states: Kylie Morehu must pay Property Management Andco Limited As Agent For

How much money was awarded in case 5093170?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,693.43 awarded to landlord

What type of tenancy dispute was case 5093170?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5093170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11260448-Tenancy_Tribunal_Order.pdf.

14 Te Pari Pari Road, Pukerua Bay, Pukerua Bay 5026 Tenancy Tribunal Case 5093170 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5093170. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
immediately, being rent arrears of	$1,693.43		immediately, being rent arrears of
to 23 December 2024 plus the filing fee of	$27.00		to 23 December 2024 plus the filing fee of

Both parties attended the hearing which was conducted remotely. The owner of the premises also attended.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

The owner has had the property tested for methamphetamine and a screening test has returned a composite result of 38.30 mcg/100cm 2 .

The tenant is also behind on her rent.

The onus is on the landlord to produce the evidence to prove the allegations on the balance of probabilities.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The owner has received a number of complaints about people around the tenant’s property. It is believed that they are friends or acquaintances of the tenant’s. They have been noisy and it is alleged that a lawnmower was started up at 3am.

Under section 40(2)(c) of the Residential Tenancies Act 1986, the tenant has an oblibation not to cause or permit any interference with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.

The tenant said there was one incident in October, but knew nothing of an incident with a lawnmower.

The landlord’s evidence was in the form of emails in which the owner had copied and pasted texts he had received from neighbours. They are not signed and the person’s name is not known. The evidence is at best hearsay from the owner. Although the Tribunal may admit evidence that might not be admissible in a court, this evidence carries little weight, and does not prove any association of the noise with the tenant.

The evidence is not sufficient to prove that the tenant has breached her obligations under section 40(2).

If the landlord wants to rely on the anti-social behaviour provisions of the Residential Tenancies Act, they will need to follow the clearly prescribed procedure set out in section 55A of the Act.

The landlord says that the tenant has used the premises for unlawful purposes, as evidenced by the meth reading. Unfortunately, the landlord does not have a test result for the premises at the start of the tenancy. The evidence is insufficient to show that the tenant has used the premises for unlawful purposes.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The tenant was not 21 days in arrears at the date of the application or the hearing, and so the tenancy may not be terminated under section 55(1)(a). The tenant has not received 3 separate notices of rent arrears as required under section 55(1)(aa). The Tenancy is therefore not obliged to to terminate under those sections.

The landlord produced only one notice dated 10 December regarding rent arrears.

The tenant has not remedied the breach. She says that her bank account has been hacked. She provided no evidence of that. Although this is a serious matter, the Tribunal has a discretion whether or not to terminate under section

On this occasion, the tenant is simply ordered to pay the rent arrears immediately. She must understand that if the situation is not rectified, she will soon be 21 days in arrears and if an application is made to the Tribunal for termination, her tenancy will be terminated.

Because Property Management Andco Limited As Agent For Liam Stewart has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5093170. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
immediately, being rent arrears of	$1,693.43		immediately, being rent arrears of
to 23 December 2024 plus the filing fee of	$27.00		to 23 December 2024 plus the filing fee of

Order

Kylie Morehu must pay Property Management Andco Limited As Agent For Liam Stewart $1,720.43 immediately, being rent arrears of $1,693.43 to 23 December 2024 plus the filing fee of $27.00.

Reasons

Both parties attended the hearing which was conducted remotely. The owner of the premises also attended.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
The owner has had the property tested for methamphetamine and a screening test has returned a composite result of 38.30 mcg/100cm 2 .
The tenant is also behind on her rent.
The onus is on the landlord to produce the evidence to prove the allegations on the balance of probabilities.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The owner has received a number of complaints about people around the tenant’s property. It is believed that they are friends or acquaintances of the tenant’s. They have been noisy and it is alleged that a lawnmower was started up at 3am.
Under section 40(2)(c) of the Residential Tenancies Act 1986, the tenant has an oblibation not to cause or permit any interference with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.
The tenant said there was one incident in October, but knew nothing of an incident with a lawnmower.
The landlord’s evidence was in the form of emails in which the owner had copied and pasted texts he had received from neighbours. They are not signed and the person’s name is not known. The evidence is at best hearsay from the owner. Although the Tribunal may admit evidence that might not be admissible in a court, this evidence carries little weight, and does not prove any association of the noise with the tenant.
The evidence is not sufficient to prove that the tenant has breached her obligations under section 40(2).
If the landlord wants to rely on the anti-social behaviour provisions of the Residential Tenancies Act, they will need to follow the clearly prescribed procedure set out in section 55A of the Act.
The landlord says that the tenant has used the premises for unlawful purposes, as evidenced by the meth reading. Unfortunately, the landlord does not have a test result for the premises at the start of the tenancy. The evidence is insufficient to show that the tenant has used the premises for unlawful purposes.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The tenant was not 21 days in arrears at the date of the application or the hearing, and so the tenancy may not be terminated under section 55(1)(a). The tenant has not received 3 separate notices of rent arrears as required under section 55(1)(aa). The Tenancy is therefore not obliged to to terminate under those sections.
The landlord produced only one notice dated 10 December regarding rent arrears.
The tenant has not remedied the breach. She says that her bank account has been hacked. She provided no evidence of that. Although this is a serious matter, the Tribunal has a discretion whether or not to terminate under section
On this occasion, the tenant is simply ordered to pay the rent arrears immediately. She must understand that if the situation is not rectified, she will soon be 21 days in arrears and if an application is made to the Tribunal for termination, her tenancy will be terminated.
Because Property Management Andco Limited As Agent For Liam Stewart has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5093170 — Rent arrears at 14 Te Pari Pari Road, Pukerua Bay, Pukerua Bay 5026

At a glance

Tenancy Tribunal case 5093170 — Rent arrears at 14 Te Pari Pari Road, Pukerua Bay, Pukerua Bay 5026

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions