What was Tenancy Tribunal case 5107108 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5107108?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5107108?

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

Where can I read the official tribunal order for case 5107108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11471460-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5107108 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5107108?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5107108?

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

Where can I read the official tribunal order for case 5107108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11471460-Tribunal_Order_Redacted.pdf.

5 Stafford Street, Cambridge, Cambridge 3434 Tenancy Tribunal Case 5107108 — Rent arrears

Tenantcheck Insights

Order

The Tribunal orders suppression of the tenant’s name and identifying details.
The application is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The weekly rent is $650.00.
The landlord claims on the application form filed at the Tribunal that rent was at least 21 days in arrears on the date the application was filed. The landlord contends that rent arrears at the time is $3,500.00 on the date of application on 12 December 2024.
The rental summary provided by the landlord however show that the rent was actually less than 21 days in arrears as at 12 December 2024. From the rent summary adduced, as at 14 December 2024, the rent arrears was $1,550.00. This takes into account the last rent payment of $650.00 on 11 December 2024. Therefore, as at the date of application on 12 December, the rent arrears is less than $1,550.
The fact that the rent arrears then ballooned to as high as $3,500 on 18 January 2025 is of no moment to the landlord’s application that was filed under section 55(1)(a) Residential Tenancies Act 1986 on 12 December 2024.
For an application to be made under section 55(1)(a), the rent must be at least 21 days in arrears on the date of application. The rent arrears calculation in this regard cannot include rent payable in advance.
For those reasons alone, the landlord’s application couched under section 55(1)(a) must fail.
Be that as it may, the rent is presently not in arrears. The rent is presently paid up to date as at today’s hearing date. Accordingly, there is also no basis for the landlord to rely on section 56(2) RTA.
For those reasons, I refuse to order termination of the tenancy as sought by the landlord.
I grant name suppression to the tenant as the tenant’s defence against the landlord’s claim is successful.

Tenancy Tribunal case 5107108 — Rent arrears at 5 Stafford Street, Cambridge, Cambridge 3434

At a glance

Tenancy Tribunal case 5107108 — Rent arrears at 5 Stafford Street, Cambridge, Cambridge 3434

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