What was the outcome of Tenancy Tribunal case 4723909?

The tribunal order states: Steve Walker must pay Holmwood Real Estate Limited as agent for J Murdoch,

How much money was awarded in case 4723909?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,160.00 awarded to landlord

What type of tenancy dispute was case 4723909?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4723909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9761733-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4723909?

The tribunal order states: Steve Walker must pay Holmwood Real Estate Limited as agent for J Murdoch,

How much money was awarded in case 4723909?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,160.00 awarded to landlord

What type of tenancy dispute was case 4723909?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4723909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9761733-Tenancy_Tribunal_Order.pdf.

Unit/Flat 10, 319 Hereford Street, Christchurch Central, Tenancy Tribunal Case 4723909 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4723909 — net $1,180.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 December 2023	$1,160.00	Rent arrears to 14 December 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,180.44
Total payable by Tenant to Landlord	$1,180.44

Only the landlord attended the hearing. Calls to the tenant’s phone went unanswered.

The landlord has initially on 27 October 2023 applied for an order for rent arrears. On 7 December 2023, the landlord updated the application to include an order for termination of the tenancy as the rent was 21 days in arrears as at 7 December 2023.

At today’s hearing, the landlord seeks an order for rent arrears, reimbursement of the filing fee and termination of the tenancy. The rent is now 28 days in arrears.

Section 55(1)(a) Residential Tenancies Act 1986 (‘RTA’) provides as follows: 55 Termination on non-payment of rent, damage, or assault (1) ...on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (a) the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear;

Pursuant to section 55(1)(a), the Tribunal can only make an order to terminate the tenancy if “the rent was, at the date on which the application was filed... at least 21 days in arrear”.

This material provision requires the Tribunal to refer to the date the application is filed which in this case is 27 October 2023.

On the date of the application on 27 October, the rent was not 21 days in arrear; based on the rent summary submitted, the rent was a week in arrears as at 26 October 2023.

Therefore, the current updating of the existing application to include a request for termination of the tenancy (as at the date of request on 7 December) is still of no moment on the issue of whether the Tribunal can terminate the tenancy under section 55 RTA.

The fact remains that on the date on which this application is filed (ie., on 27 October 2023), the rent was not 21 days in arrears. Consequently, the Tribunal is unable terminate the tenancy under section 55 RTA today despite the updated information submitted by the landlord on 7 and 14 December.

For the sake of completeness, I also record that the provisions of s56(2) do not apply here because the landlord has not filed its 27 October application under section 56 RTA (after having served a 14 notice which has not been remedied).

The application filed on 27 October 2023 was merely for rent arrears with no indication that a 14 day breach notice has been sent nor was the application couched in terms of s56 RTA for the operation of s56(2) to take effect.

In the circumstances, it is in order that the landlord re-file another application under section 55 forthwith to meet the requirements of s55(1)(a) RTA. I am advised that the landlord has since filed another application and that application for termination (and further rent arrears, if any) can proceed to a hearing accordingly in the usual course.

In the upshot, rent was not at least 21 days in arrears on the date this application was filed and I cannot accede to the landlord’s request to terminate the tenancy under section 55(1)(a) Residential Tenancies Act 1986 today.

The landlord provided rent records which prove the amount owing to 14 December 2023 and I make a monetary order accordingly along with the reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4723909 — net $1,180.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 December 2023	$1,160.00	Rent arrears to 14 December 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,180.44
Total payable by Tenant to Landlord	$1,180.44

Order

Steve Walker must pay Holmwood Real Estate Limited as agent for J Murdoch, R Murdoch & C Bennett $1,180.44 immediately, calculated as shown in the table below:
The landlord’s application to terminate the tenancy is declined.

Reasons

Only the landlord attended the hearing. Calls to the tenant’s phone went unanswered.
The landlord has initially on 27 October 2023 applied for an order for rent arrears. On 7 December 2023, the landlord updated the application to include an order for termination of the tenancy as the rent was 21 days in arrears as at 7 December 2023.
At today’s hearing, the landlord seeks an order for rent arrears, reimbursement of the filing fee and termination of the tenancy. The rent is now 28 days in arrears.
Section 55(1)(a) Residential Tenancies Act 1986 (‘RTA’) provides as follows: 55 Termination on non-payment of rent, damage, or assault (1) ...on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (a) the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear;
Pursuant to section 55(1)(a), the Tribunal can only make an order to terminate the tenancy if “the rent was, at the date on which the application was filed... at least 21 days in arrear”.
This material provision requires the Tribunal to refer to the date the application is filed which in this case is 27 October 2023.
On the date of the application on 27 October, the rent was not 21 days in arrear; based on the rent summary submitted, the rent was a week in arrears as at 26 October 2023.
Therefore, the current updating of the existing application to include a request for termination of the tenancy (as at the date of request on 7 December) is still of no moment on the issue of whether the Tribunal can terminate the tenancy under section 55 RTA.
The fact remains that on the date on which this application is filed (ie., on 27 October 2023), the rent was not 21 days in arrears. Consequently, the Tribunal is unable terminate the tenancy under section 55 RTA today despite the updated information submitted by the landlord on 7 and 14 December.
For the sake of completeness, I also record that the provisions of s56(2) do not apply here because the landlord has not filed its 27 October application under section 56 RTA (after having served a 14 notice which has not been remedied).
The application filed on 27 October 2023 was merely for rent arrears with no indication that a 14 day breach notice has been sent nor was the application couched in terms of s56 RTA for the operation of s56(2) to take effect.
In the circumstances, it is in order that the landlord re-file another application under section 55 forthwith to meet the requirements of s55(1)(a) RTA. I am advised that the landlord has since filed another application and that application for termination (and further rent arrears, if any) can proceed to a hearing accordingly in the usual course.
In the upshot, rent was not at least 21 days in arrears on the date this application was filed and I cannot accede to the landlord’s request to terminate the tenancy under section 55(1)(a) Residential Tenancies Act 1986 today.
The landlord provided rent records which prove the amount owing to 14 December 2023 and I make a monetary order accordingly along with the reimbursement of the filing fee.

Tenancy Tribunal case 4723909 — Rent arrears at Unit/Flat 10, 319 Hereford Street, Christchurch Central,

At a glance

Tenancy Tribunal case 4723909 — Rent arrears at Unit/Flat 10, 319 Hereford Street, Christchurch Central,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions