What was the outcome of Tenancy Tribunal case 4602789?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4602789?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4602789?

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

Where can I read the official tribunal order for case 4602789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9191147-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4602789?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4602789?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4602789?

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

Where can I read the official tribunal order for case 4602789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9191147-Tenancy_Tribunal_Order.pdf.

116 Birchs Road, RD 4, Prebbleton 7674 Tenancy Tribunal Case 4602789 — Rent arrears

Reasons

Both parties attended the hearing, conducted via teleconference. Mel Holdem and Colleen Gonzales represented the landlord.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

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.

In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy should be terminated.

However, section 55(2) of the RTA allows the Tribunal to refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied, the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies

At the date of the hearing the rent arrears had been cleared. This has been a long tenancy with a history of missed weekly rent, caught up on a monthly or longer basis. I heard from Mr MacMillian of his cashflow challenges given his self-employed status.

A robust discussion occurred regarding the impact of delayed rent, and I believe the tenant is aware that any historic leniency on late rent is not binding on the landlord going forward. Having heard from him I believe he understands that the challenge is for him to manage. He believes he can.

I do find that while the initial tenancy agreement was for weekly rent, the historic communication and adoption of monthly rent is considered an implied change in terms and may continue. Despite that, it may be in the tenant’s interest to consider more frequent rent payments.

Having considered the respective submissions and evidence, I have decided it appropriate at this time to apply the discretion permitted in s 55(2) and decline the landlord request for termination. I can only stress to Mr MacMillian that this should be considered a one-off and he needs to better manage his rent payments going forward if this tenancy is to continue. Application filing fee

While Braziers Limited As Agent For Orion New Zealand Limited has not wholly succeeded with the claim, it was justifiable and only declined due to a late lump sum payment of rent arrears and my discretion. Given that, it is appropriate to reimburse the filing fee.

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Craig MacMillan must pay Braziers Limited as Agent for Orion New Zealand Limited $20.44 immediately, being the application filing fee.
No other orders are made.

Reasons

Both parties attended the hearing, conducted via teleconference. Mel Holdem and Colleen Gonzales represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

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.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy should be terminated.
However, section 55(2) of the RTA allows the Tribunal to refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied, the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies
At the date of the hearing the rent arrears had been cleared. This has been a long tenancy with a history of missed weekly rent, caught up on a monthly or longer basis. I heard from Mr MacMillian of his cashflow challenges given his self-employed status.
A robust discussion occurred regarding the impact of delayed rent, and I believe the tenant is aware that any historic leniency on late rent is not binding on the landlord going forward. Having heard from him I believe he understands that the challenge is for him to manage. He believes he can.
I do find that while the initial tenancy agreement was for weekly rent, the historic communication and adoption of monthly rent is considered an implied change in terms and may continue. Despite that, it may be in the tenant’s interest to consider more frequent rent payments.
Having considered the respective submissions and evidence, I have decided it appropriate at this time to apply the discretion permitted in s 55(2) and decline the landlord request for termination. I can only stress to Mr MacMillian that this should be considered a one-off and he needs to better manage his rent payments going forward if this tenancy is to continue. Application filing fee
While Braziers Limited As Agent For Orion New Zealand Limited has not wholly succeeded with the claim, it was justifiable and only declined due to a late lump sum payment of rent arrears and my discretion. Given that, it is appropriate to reimburse the filing fee.

Tenancy Tribunal case 4602789 — Rent arrears at 116 Birchs Road, RD 4, Prebbleton 7674

At a glance

Tenancy Tribunal case 4602789 — Rent arrears at 116 Birchs Road, RD 4, Prebbleton 7674

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