What was the outcome of Tenancy Tribunal case 4585869?

The tribunal order states: Joel Reuban Tennent must pay Inspire Real Estate As Agent For Anyos

How much money was awarded in case 4585869?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $360.00 awarded to landlord

What type of tenancy dispute was case 4585869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4585869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9239916-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4585869?

The tribunal order states: Joel Reuban Tennent must pay Inspire Real Estate As Agent For Anyos

How much money was awarded in case 4585869?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $360.00 awarded to landlord

What type of tenancy dispute was case 4585869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4585869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9239916-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 129 Malfroy Road, Victoria, Rotorua 3010 Tenancy Tribunal Case 4585869 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4585869 — net $380.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to and including Sunday 30 July 2023	$360.00	Rent arrears to and including Sunday 30 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$380.44
Total payable by Tenant to Landlord	$380.44

Ms London attended the hearing for the landlord. The tenant was phoned on the number provided but the call went unanswered.

The landlord has applied to terminate the tenancy, a rent arrears order, payment of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

The landlord’s application for termination of the tenancy is based on two grounds. The first ground is a persistent failure to pay rent when due. The law relevant to this ground is found in section 55(1)(aa) of the Residential Tenancies Act 1986 (the Act). That section provides that the Tribunal must terminate a periodic tenancy if: • the rent has been at least five working days in arrears on three separate occasions within a 90-day period; • on each occasion the landlord has given the tenant written notice of the arrears (the notice must comply with the requirements in section 55(1)(aa)(ii) and (iii) of the Act); and • the landlord’s application to the Tribunal for termination was made within 28 days after the landlord gave the third notice.

The landlord gave Mr Tennent three notices of arrears. All were in reference to the one weeks rent ($360.00) that Mr Tennent had failed to pay for the rent week commencing 10 April 2023. Section 55(1)(aa) of the Act contemplates that the tenant has failed to pay rent on at least three different occasions, not the one as here. In any event the notices are not correct because they include rent due for that week and therefore the amount claimed to be in arrears was not more than five working days in arrears as required by section 55(1)(aa) .

The application for termination of the tenancy under section 55(1)(aa) of the Act is therefore dismissed.

The second ground relied on by the landlord for their application to terminate the tenancy is section 56(1) of the Act.

The Tribunal can terminate a tenancy under section 56(1) of the Act if the following criteria is satisfied: • the tenant has committed a breach of the Act or the tenancy agreement; • for a breach capable of remedy, the landlord has issued the tenant with a notice requiring the tenant to remedy the breach within a period specified in the notice (not being less than 14 days); • the tenant has failed to remedy the breach within the required period; and • the breach is of such a nature or of such an extent that it would be inequitable (unfair) to refuse to make a termination order.

On the evidence before me I accept that Mr Tennent is in breach of the Act and the tenancy agreement by not paying the rent due for the week of 10 April. The landlord issued a14 day notice on Wednesday 19 April 2023. However, I consider that it is just and equitable to refuse to terminate the tenancy based on this notice because I consider it confusing at best and probably incorrect. The notice records that Mr Tennent is in arrears by $720.00 and it then states that this amount is in addition to normal weekly rent of $360.00. Mr Tennant paid the rent for that week on the same day that the notice was issued (the rent record records that he has always paid rent on a Wednesday) and therefore he was only in arrears by $360.00 not $720 plus another week’s rent.

The application for termination based on section 56(1) of the Act is therefore also dismissed.

How much rent is owing?

The landlord provided a rent record that, together with the evidence of Ms London, establishes the amount of rent owing.

The landlord has been partially successful in its claims and I consider this an appropriate case to award payment of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 4585869 — net $380.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to and including Sunday 30 July 2023	$360.00	Rent arrears to and including Sunday 30 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$380.44
Total payable by Tenant to Landlord	$380.44

Order

Joel Reuban Tennent must pay Inspire Real Estate As Agent For Anyos Gonczy $380.44 immediately, calculated as shown in table below.
The application for termination of the tenancy is dismissed.

Reasons

Ms London attended the hearing for the landlord. The tenant was phoned on the number provided but the call went unanswered.
The landlord has applied to terminate the tenancy, a rent arrears order, payment of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

The landlord’s application for termination of the tenancy is based on two grounds. The first ground is a persistent failure to pay rent when due. The law relevant to this ground is found in section 55(1)(aa) of the Residential Tenancies Act 1986 (the Act). That section provides that the Tribunal must terminate a periodic tenancy if: • the rent has been at least five working days in arrears on three separate occasions within a 90-day period; • on each occasion the landlord has given the tenant written notice of the arrears (the notice must comply with the requirements in section 55(1)(aa)(ii) and (iii) of the Act); and • the landlord’s application to the Tribunal for termination was made within 28 days after the landlord gave the third notice.
The landlord gave Mr Tennent three notices of arrears. All were in reference to the one weeks rent ($360.00) that Mr Tennent had failed to pay for the rent week commencing 10 April 2023. Section 55(1)(aa) of the Act contemplates that the tenant has failed to pay rent on at least three different occasions, not the one as here. In any event the notices are not correct because they include rent due for that week and therefore the amount claimed to be in arrears was not more than five working days in arrears as required by section 55(1)(aa) .
The application for termination of the tenancy under section 55(1)(aa) of the Act is therefore dismissed.
The second ground relied on by the landlord for their application to terminate the tenancy is section 56(1) of the Act.
The Tribunal can terminate a tenancy under section 56(1) of the Act if the following criteria is satisfied: • the tenant has committed a breach of the Act or the tenancy agreement; • for a breach capable of remedy, the landlord has issued the tenant with a notice requiring the tenant to remedy the breach within a period specified in the notice (not being less than 14 days); • the tenant has failed to remedy the breach within the required period; and • the breach is of such a nature or of such an extent that it would be inequitable (unfair) to refuse to make a termination order.
On the evidence before me I accept that Mr Tennent is in breach of the Act and the tenancy agreement by not paying the rent due for the week of 10 April. The landlord issued a14 day notice on Wednesday 19 April 2023. However, I consider that it is just and equitable to refuse to terminate the tenancy based on this notice because I consider it confusing at best and probably incorrect. The notice records that Mr Tennent is in arrears by $720.00 and it then states that this amount is in addition to normal weekly rent of $360.00. Mr Tennant paid the rent for that week on the same day that the notice was issued (the rent record records that he has always paid rent on a Wednesday) and therefore he was only in arrears by $360.00 not $720 plus another week’s rent.
The application for termination based on section 56(1) of the Act is therefore also dismissed.

How much rent is owing?

The landlord provided a rent record that, together with the evidence of Ms London, establishes the amount of rent owing.
The landlord has been partially successful in its claims and I consider this an appropriate case to award payment of the Tribunal application fee.

Tenancy Tribunal case 4585869 — Rent arrears at Unit/Flat 4, 129 Malfroy Road, Victoria, Rotorua 3010

At a glance

Tenancy Tribunal case 4585869 — Rent arrears at Unit/Flat 4, 129 Malfroy Road, Victoria, Rotorua 3010

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions