What was the outcome of Tenancy Tribunal case 4826826?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4826826?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4826826?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826826?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10304914-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4826826?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4826826?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4826826?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826826?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10304914-Tenancy_Tribunal_Order.pdf.

21 Semple Street, Huntly, Huntly 3700 Tenancy Tribunal Case 4826826 — Rent arrears

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Reasons

Only the landlord attended the hearing.

The landlord sought termination of the tenancy, rent arrears, refund of the bond and the filing fee.

The tenancy agreement is between the landlord and the named tenant. However, it would appear that the tenant does not reside at the premises herself at present, rather Tiraroa (Cora) Isherwood resides at the premises. The landlord is aware of this and has consented to Ms Isherwood residing at the premises. The fact that the tenancy is in one name only was at the request of the tenant and Ms Isherwood.

At the time the application was filed, the rent was $950.00 in arrears. Three notices for payment of the rent arrears had been sent to Ms Isherwood. Only one of those was also address to the named tenant.

At the date of hearing, the rent arrears had been cleared.

As I indicated to the landlord, I was not prepared to terminate the tenancy for the following reasons – a. The rent arrears have now been cleared, in full. b. The first of the 14-day notices – which was sent to the tenant – was complied with, and the breach remedied. c. The two later 14-day notices were not sent to the named tenant.

It is my view that notices relating to the tenancy must be sent to the tenant named in the agreement. That person is the party to the agreement and is legally liable to the landlord for all tenant obligations, including the payment of rent.

In the absence of evidence that a breach has been brought to the tenant’s notice, I do not consider s56 of the Act has been properly complied with.

As discussed with the landlord at the hearing, this is an unusual situation. While it is entirely lawful, given the landlord was aware that Ms Isherwood was residing at the premises, it would seem to be to the disadvantage of everyone except Ms Isherwood. The landlord has no contractual relationship with Ms Isherwood and is unable to pursue her directly for rent or any damage to the premises. The tenant, on the other hand, is solely liable for rent and all other tenant obligations, despite not residing at the address. Although she may have recourse against Ms Isherwood in other jurisdictions if necessary.

It remains my view that this agreement should be varied to include Ms Isherwood as a tenant. However, given the arrangement commenced by consent I make no orders to that effect. That said, future communication should be between the landlord and the tenant directly to ensure that both parties remain appraised of the situation.

Reasons

Only the landlord attended the hearing.

The landlord sought termination of the tenancy, rent arrears, refund of the bond and the filing fee.

At the date of hearing, the rent arrears had been cleared.

In the absence of evidence that a breach has been brought to the tenant’s notice, I do not consider s56 of the Act has been properly complied with.

Tenancy Tribunal case 4826826 — Rent arrears at 21 Semple Street, Huntly, Huntly 3700

At a glance

Tenancy Tribunal case 4826826 — Rent arrears at 21 Semple Street, Huntly, Huntly 3700

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