What was the outcome of Tenancy Tribunal case 4820264?

The tribunal order states: The Bond Centre is to pay $1,672.21 from the bond of $2,500.00 (6175532-

How much money was awarded in case 4820264?

Rent Arrears: $1,482.14 awarded to landlord; Water Rates: $190.07 awarded to landlord

What type of tenancy dispute was case 4820264?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4820264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10250084-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4820264?

The tribunal order states: The Bond Centre is to pay $1,672.21 from the bond of $2,500.00 (6175532-

How much money was awarded in case 4820264?

Rent Arrears: $1,482.14 awarded to landlord; Water Rates: $190.07 awarded to landlord

What type of tenancy dispute was case 4820264?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4820264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10250084-Tenancy_Tribunal_Order.pdf.

77 Lantana Road, Green Bay, Auckland 0604 Tenancy Tribunal Case 4820264 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4820264 — net $1,672.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,482.14	Rent arrears
Water rates	$190.07	Water rates
Net award	$1,672.21
Total payable by Tenant to Landlord	$1,672.21

The landlord attended the hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Termination under s.55.

Rent was not least 21 days in arrears on the date the application was filed. That landlord application is dismissed. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”). Termination under s.56.

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) RTA.

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 breach notices on the tenant on 1 February 2024, 5 February 2024, 13 February 2024, 16 February 2024 and 26 February 2024. The notices are essentially identical, with the amounts in arrears and dates changing.

The notices require the tenant to pay the arears “immediately” and that “If we do not hear from you within three days of sending this letter then we would like to advise it is our policy to make an application for termination through the Tenancy Tribunal as our next course of action”.

Section 56 RTA provides that the Tribunal may make an order terminating the tenancy if it is satisfied that the other party has committed a breach of the RTA and the breach is of such a nature that it would be inequitable to refuse to make an order terminating the tenancy.

If the breach is capable of remedy (such as rent arrears) the applicant must ,before making the application, give the other party a notice specifying the nature of the breach and requiring the other party to remedy it within a reasonable time, being no less than 14 days commencing on the day on which the notice was given. If the other party then remedies the breach within the specified time, the Tribunal will not make an order terminating the tenancy.

None of the landlord breach notices refer to the tenant having a minimum of 14 days to remedy the breach. The notices refer to the tenant paying “immediately” and that a failure to contact the landlord within 3 days will result in the landlord referring the matter to the Tribunal.

The defect in the landlord notices is such that I consider them to be invalid and the landlord application for termination under s.56 RTA is dismissed.

The rent arrears at the date of the hearing is not the equivalent of 21 days arrears and accordingly s.56(2) RTA does not apply.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the date of the hearing is $1,482.12.

The landlord has provided water rates invoice which prove that the amount owing is $190.07.

As the landlord has not been wholly or substantially successful in the application, I make no order regarding the filing fee and the landlord application for suppression is dismissed on the same grounds.

Claims and awards in Tenancy Tribunal application 4820264 — net $1,672.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,482.14	Rent arrears
Water rates	$190.07	Water rates
Net award	$1,672.21
Total payable by Tenant to Landlord	$1,672.21

Order

The Bond Centre is to pay $1,672.21 from the bond of $2,500.00 (6175532- 003) to Rainbow Property Management Limited immediately.
The balance of the bond of $827.79 is to remain at the Bond Centre.
All other applications are dismissed.

Reasons

The landlord attended the hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Termination under s.55.
Rent was not least 21 days in arrears on the date the application was filed. That landlord application is dismissed. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”). Termination under s.56.
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) RTA.
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 breach notices on the tenant on 1 February 2024, 5 February 2024, 13 February 2024, 16 February 2024 and 26 February 2024. The notices are essentially identical, with the amounts in arrears and dates changing.
The notices require the tenant to pay the arears “immediately” and that “If we do not hear from you within three days of sending this letter then we would like to advise it is our policy to make an application for termination through the Tenancy Tribunal as our next course of action”.
Section 56 RTA provides that the Tribunal may make an order terminating the tenancy if it is satisfied that the other party has committed a breach of the RTA and the breach is of such a nature that it would be inequitable to refuse to make an order terminating the tenancy.
If the breach is capable of remedy (such as rent arrears) the applicant must ,before making the application, give the other party a notice specifying the nature of the breach and requiring the other party to remedy it within a reasonable time, being no less than 14 days commencing on the day on which the notice was given. If the other party then remedies the breach within the specified time, the Tribunal will not make an order terminating the tenancy.
None of the landlord breach notices refer to the tenant having a minimum of 14 days to remedy the breach. The notices refer to the tenant paying “immediately” and that a failure to contact the landlord within 3 days will result in the landlord referring the matter to the Tribunal.
The defect in the landlord notices is such that I consider them to be invalid and the landlord application for termination under s.56 RTA is dismissed.
The rent arrears at the date of the hearing is not the equivalent of 21 days arrears and accordingly s.56(2) RTA does not apply.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the date of the hearing is $1,482.12.
The landlord has provided water rates invoice which prove that the amount owing is $190.07.
As the landlord has not been wholly or substantially successful in the application, I make no order regarding the filing fee and the landlord application for suppression is dismissed on the same grounds.

Tenancy Tribunal case 4820264 — Rent arrears at 77 Lantana Road, Green Bay, Auckland 0604

At a glance

Tenancy Tribunal case 4820264 — Rent arrears at 77 Lantana Road, Green Bay, Auckland 0604

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions