What was the outcome of Tenancy Tribunal case 4613391?

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

How much money was awarded in case 4613391?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4613391?

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

Where can I read the official tribunal order for case 4613391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9253461-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4613391?

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

How much money was awarded in case 4613391?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4613391?

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

Where can I read the official tribunal order for case 4613391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9253461-Tenancy_Tribunal_Order.pdf.

79 Stoney Creek Road, Kelvin Grove, RD 10, Palmerston Tenancy Tribunal Case 4613391 — Rent arrears

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Reasons

Both parties attended the hearing by hone. Mr Joe represented the Trust.

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.(‘RTA’)

The above provision is subject to Section 55(2) RTA which states: The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), 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

Further Section 78A(3) of the Act states: (3)Despite anything to the contrary elsewhere in this Act,— (b) if the landlord has applied for termination on the ground of rent in arrear, the Tribunal may, but is not required to, make the order terminating the tenancy.

The tenancy commenced on 19 May 2023 and the weekly rent was $500.00 to be paid on a Friday. Notices of overdue rent were served for the periods 26 May, 9 June and 16 June 2023.

The tenant said there had been a number of difficulties setting up her deductions from WINZ but that was now successful and the rent statement shows that since 23 June rent has bene paid each week including the arrears and as at 1 August the rent was in credit by $0.50.

The rent is being paid by direct deduction and the tenant has assured the landlord this is not likely to change and the rent will be paid every week going forward.

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 landlord was concerned that the rent due date is a Friday, but with the change to direct deductions these are transferred on a Monday evening meaning each week the tenant will be 3 days in arrears. The landlord and tenant agreed to communicate regarding the 3 days arrears figure being $214.28 and the tenant agreed to pay an extra $50.00 per week to clear this amount. Finding

I find in this case that although the landlord met the requirements of s.55(1)(aa) RTA, the breach has been remedied with payment of all the arrears, an automatic deduction for rent has been set up and is operating and on the evidence available to me it is unlikely the tenant will commit any further breach of the kind under this section.

On the basis of Section 55(2) and 78A(3) RTA, I dismiss the application to terminate the tenancy.

Reasons

Both parties attended the hearing by hone. Mr Joe represented the Trust.

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

Should the tenancy be terminated?

The tenancy commenced on 19 May 2023 and the weekly rent was $500.00 to be paid on a Friday. Notices of overdue rent were served for the periods 26 May, 9 June and 16 June 2023.

The rent is being paid by direct deduction and the tenant has assured the landlord this is not likely to change and the rent will be paid every week going forward.

On the basis of Section 55(2) and 78A(3) RTA, I dismiss the application to terminate the tenancy.

Tenancy Tribunal case 4613391 — Rent arrears at 79 Stoney Creek Road, Kelvin Grove, RD 10, Palmerston

At a glance

Tenancy Tribunal case 4613391 — Rent arrears at 79 Stoney Creek Road, Kelvin Grove, RD 10, Palmerston

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