What was Tenancy Tribunal case 5254760 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 5254760?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5254760?

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

Where can I read the official tribunal order for case 5254760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11942386-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5254760 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 5254760?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5254760?

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

Where can I read the official tribunal order for case 5254760?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11942386-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5254760 — Rent arrears

Tenantcheck Insights

Reasons

Ms Graham, Property Manager, attended the hearing for the landlord. The tenant did not attend the hearing and it proceeded in their absence.

The tenancy commenced on 28 November 2022 and is periodic. The tenancy is ongoing.

On 7 May 2025 the landlord filed an application for termination of the tenancy and rent arrears under section 55(1)(a) and section 56(1) of the Residential Tenancies Act 1986 (the “Act”) and reimbursement of the filing fee.

Section 55(1)(a) of the Act states that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed under s86, at least 21 days in arrears.

Section 56(1) of the Act states that the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that the other party has committed a breach of the tenancy agreement or the Act and, if the breach is capable of remedy, has failed to remedy it within a period to not less than 14 days.

On 23 April 2025 the landlord served a 14-day breach notice for rent arrears totalling $1000.00. The notice expired at midnight on 7 May 2025.

On 7 May 2025 the landlord filed an application as per paragraph [3].

On 7 May 2025 the tenant paid the landlord $3500.00 in rent. The effect of this payment cleared the outstanding rent arrears and placed the tenant’s rent in credit by $700.00.

The Tribunal finds that rent was not in arrears for at least 21 days when the application was filed with the Court in accordance with s55(1)(a) of the Act.

The Tribunal finds that the tenant remedied the non-payment of rent breach on the 14 th day of the notice period.

The application for termination of the tenancy and rent arrears is dismissed. Recidivist rent arrears notices

While clarifying the claims at the commencement of the hearing the landlord stated the tenant had also been served with three recidivist rent arrears notices in accordance with section 55(1)(aa)(i) of the Act.

The Act states that the Tribunal shall terminate a tenancy where: 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.

This claim was not detailed in the landlord’s written application before the Tribunal.

There is no evidence before the Tribunal indicating the tenant was aware the landlord seeks termination based on the recidivist rent arrears notices.

There is no evidence before the Tribunal proving the landlord has served notices on the tenant as required by the Act, and the application to the Tribunal was made within 28 days of the date of the third notice.

It is clear to the Tribunal that the tenant’s payment of rent is irregular and accepts the evidence of the landlord that the owner of the property is financially impacted by this. However, the Tribunal is not prepared to adjourn today’s hearing for the claim to be amended and the evidence filed. The landlord is not prevented by this order from pursuing this remedy. Name suppression

Under section 95A of the Act a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so. In this case the tenant has been wholly successful and is granted name suppression.

Reasons