What was the outcome of Tenancy Tribunal case 4751829?

The tribunal order states: The landlord’s application is dismissed.

How much money was awarded in case 4751829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4751829?

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

Where can I read the official tribunal order for case 4751829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9869602-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4751829?

The tribunal order states: The landlord’s application is dismissed.

How much money was awarded in case 4751829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4751829?

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

Where can I read the official tribunal order for case 4751829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9869602-Tenancy_Tribunal_Order.pdf.

98 Campbell Road, One Tree Hill, Auckland 1061 Tenancy Tribunal Case 4751829 — Rent arrears

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Reasons

The hearing was conducted on Microsoft Teams. 1

Andy Lawrence attended for the landlord by telephone. Mr Hippolite attended for the tenants by video.

The landlord originally applied for rent arrears. Later it wished to amend its application to include termination. 1 This is a reserved decision. I heard the matter almost four weeks ago on 23 January 2024. The Tribunal delayed its decision for the landlord to provide a rent summary in the appropriate form so a rent arrears order could be made.

Rent was not at least 21 days in arrears on the date the application was filed so s 55(1)(a) of the Residential Tenancies Act 1986 did not apply. No breach notice was served for rent arrears so s 56 did not apply either. There was no basis for termination, and it is refused.

The landlord has not provided a rent summary in the appropriate form sufficient to prove the arrears, presumably because the tenants have reduced the arrears since the hearing on 23 January 2024. No order is made for rent arrears.

I am going to dismiss the application in the circumstances.

The tenants should ensure they catch up on any remaining arrears. Otherwise, they risk termination under s 55(1)(aa) pursuant to which the Tribunal must 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.

Reasons

The hearing was conducted on Microsoft Teams. 1

Andy Lawrence attended for the landlord by telephone. Mr Hippolite attended for the tenants by video.

I am going to dismiss the application in the circumstances.

Tenancy Tribunal case 4751829 — Rent arrears at 98 Campbell Road, One Tree Hill, Auckland 1061

At a glance

Tenancy Tribunal case 4751829 — Rent arrears at 98 Campbell Road, One Tree Hill, Auckland 1061

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