What was the outcome of Tenancy Tribunal case 4632215?

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

How much money was awarded in case 4632215?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4632215?

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

Where can I read the official tribunal order for case 4632215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9298629-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4632215?

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

How much money was awarded in case 4632215?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4632215?

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

Where can I read the official tribunal order for case 4632215?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9298629-Tenancy_Tribunal_Order.pdf.

Room 3, Unit/Flat 11, 159 Unsworth Drive, Unsworth Tenancy Tribunal Case 4632215 — Rent arrears

Reasons

Ms Brill attended the hearing by teleconference on behalf of the landlord. Mr Sangster also attended the hearing by teleconference.

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

Ms Brill said that the tenant had paid all rent arrears owing and is in credit for rent up to 29 August 2023. She said she was still seeking termination of the tenancy due to past rent arrears. The landlord seeks termination based on sections 55 and 56 of the Residential Tenancies Act 1986 (“RTA”).

Section 55(1)(a) RTA provides 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 section 86, at least 21 days in arrears.

The landlord filed their application on 18 July 2023. On the day of the application, the tenant was not 21 days in arrears but 20 days in arrears. Therefore, the landlord does not meet the requirements of section 55 (1)c) RTA.

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The landlord served a 14-day notice on the tenant on 4 July 2023 providing the tenant with 14 days up to 19 July 2023 to rectify the rent arrears. The landlord’s rent summary shows that the tenant paid all rent arrears owing plus rent in advance on 25 July 2023.

The tenant said he had a stand down period with WINZ in early July due to a temporary job finishing. He said he told a staff member at the landlord’s property managers this in early July 2023, that he was sorting things out with WINZ and would arrange for payment of the rent arrears and a new redirection of rent. He said that he has been doing temporary jobs which incur stand down periods with WINZ once the job finishes and this has caused issues with his rent payments. He stated he is in a WINZ program currently to be placed in full time employment, rather than temporary employment, so they can support him with consistent rent payments. The landlord said they have heard this before from the tenant and do not believe things will change.

Section 56(1)c) RTA provides that the Tribunal must consider whether the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy, after the landlord has given the tenant a 14-day notice and the tenant has failed to remedy the default within the required period.

There was evidence provided by the landlord of only one 14-day notice being served and it appeared the tenant arranged to pay off rent arrears owing and have rent in credit, which was confirmed by the landlord’s rent summary statement.

In the circumstances and based on only one 14-day notice and payment in full of rent arrears by the tenant, I find there is insufficient evidence to make a finding that it would be inequitable to refuse to make an order terminating the tenancy.

Given that the landlord has not met the requirements of section 55(1)c) and section 56 RTA, I dismiss the claim for termination and possession. As there are no rent arrears outstanding as at the date of hearing, I also dismiss the landlord’s claim for rent arrears and refund of the bond.

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The application is dismissed.

Reasons

Ms Brill attended the hearing by teleconference on behalf of the landlord. Mr Sangster also attended the hearing by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Ms Brill said that the tenant had paid all rent arrears owing and is in credit for rent up to 29 August 2023. She said she was still seeking termination of the tenancy due to past rent arrears. The landlord seeks termination based on sections 55 and 56 of the Residential Tenancies Act 1986 (“RTA”).
Section 55(1)(a) RTA provides 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 section 86, at least 21 days in arrears.
The landlord filed their application on 18 July 2023. On the day of the application, the tenant was not 21 days in arrears but 20 days in arrears. Therefore, the landlord does not meet the requirements of section 55 (1)c) RTA.
The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The landlord served a 14-day notice on the tenant on 4 July 2023 providing the tenant with 14 days up to 19 July 2023 to rectify the rent arrears. The landlord’s rent summary shows that the tenant paid all rent arrears owing plus rent in advance on 25 July 2023.
The tenant said he had a stand down period with WINZ in early July due to a temporary job finishing. He said he told a staff member at the landlord’s property managers this in early July 2023, that he was sorting things out with WINZ and would arrange for payment of the rent arrears and a new redirection of rent. He said that he has been doing temporary jobs which incur stand down periods with WINZ once the job finishes and this has caused issues with his rent payments. He stated he is in a WINZ program currently to be placed in full time employment, rather than temporary employment, so they can support him with consistent rent payments. The landlord said they have heard this before from the tenant and do not believe things will change.
Section 56(1)c) RTA provides that the Tribunal must consider whether the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy, after the landlord has given the tenant a 14-day notice and the tenant has failed to remedy the default within the required period.
There was evidence provided by the landlord of only one 14-day notice being served and it appeared the tenant arranged to pay off rent arrears owing and have rent in credit, which was confirmed by the landlord’s rent summary statement.
In the circumstances and based on only one 14-day notice and payment in full of rent arrears by the tenant, I find there is insufficient evidence to make a finding that it would be inequitable to refuse to make an order terminating the tenancy.
Given that the landlord has not met the requirements of section 55(1)c) and section 56 RTA, I dismiss the claim for termination and possession. As there are no rent arrears outstanding as at the date of hearing, I also dismiss the landlord’s claim for rent arrears and refund of the bond.

Tenancy Tribunal case 4632215 — Rent arrears at Room 3, Unit/Flat 11, 159 Unsworth Drive, Unsworth

At a glance

Tenancy Tribunal case 4632215 — Rent arrears at Room 3, Unit/Flat 11, 159 Unsworth Drive, Unsworth

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions