What was the outcome of Tenancy Tribunal case 4676449?

The tribunal order states: The application for termination and possession is dismissed.

How much money was awarded in case 4676449?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4676449?

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

Where can I read the official tribunal order for case 4676449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9495865-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4676449?

The tribunal order states: The application for termination and possession is dismissed.

How much money was awarded in case 4676449?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4676449?

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

Where can I read the official tribunal order for case 4676449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9495865-Tenancy_Tribunal_Order.pdf.

Flat 1, 700 Ferry Road, Woolston, Christchurch 8023 Tenancy Tribunal Case 4676449 — Rent arrears

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Reasons

Both parties attended the hearing. Ms Layton attended on behalf of the landlord.

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

If rent is at least 21 days in arrears on the date the application is filed, the Tribunal must terminate the tenancy under section 55(1)(a) of the Residential Tenancies Act 1986 (the Act) unless section 55(2) applies.

Section 55(2) of the Act gives the Tribunal discretion to refuse to terminate under s55(1) if, and 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 the section applies.

The landlord provided rent records which prove the amount owing on the application date, being $1094.80. However, by the hearing date the tenant had brought the arrears up to date and was slightly in credit.

Over the years of her tenancy, the tenant has had occasionally failed to pay the rent on time and the arrears had become more serious in the past months. She acknowledged that at the time the landlord’s application was made, she was in arrears by $1094.80 being slightly over 21 days arrears (by $23.80).

The tenant gave evidence (and documents provided by the landlord confirmed) that the owner’s agent had only recently been appointed and said that she had had little if any communication with the company. She advised that the agent had been provided with an obsolete email address which could partly explain the lack of communication.

The tenant was unsure why she had not been approached directly about the rent arrears or invited to mediation to discuss the issue.

The tenant confirmed that her rent was covered in full by Work and Income and that she had now set up an automatic payment to the management company to ensure that she does not fall into arrears again. Additionally, she offered to have her rent paid directly from Work and Income to the landlord to ensure that she commits no further breaches of this kind.

The tenant has lived in the property since September 2019 and, as it is a family home for her and her child, and close to her child’s school, she wishes to remain and has now done what she can to avoid termination.

Using the discretion given to me by section 55(2) of the Act, I dismiss the landlord’s claim for termination of the tenancy as I am satisfied that the breach has been remedied and that the tenant is unlikely to commit any further breach of this kind.

As the landlord has not been successful in its claim, the application fee falls where it lies.

Reasons

Both parties attended the hearing. Ms Layton attended on behalf of the landlord.

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

The tenant was unsure why she had not been approached directly about the rent arrears or invited to mediation to discuss the issue.

As the landlord has not been successful in its claim, the application fee falls where it lies.

Tenancy Tribunal case 4676449 — Rent arrears at Flat 1, 700 Ferry Road, Woolston, Christchurch 8023

At a glance

Tenancy Tribunal case 4676449 — Rent arrears at Flat 1, 700 Ferry Road, Woolston, Christchurch 8023

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