What was the outcome of Tenancy Tribunal case 4875206?

The tribunal order states: Timothy Slater must pay Tuscancity Property Management Limited $620.44

How much money was awarded in case 4875206?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $600.00 awarded to landlord

What type of tenancy dispute was case 4875206?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4875206?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10491340-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4875206?

The tribunal order states: Timothy Slater must pay Tuscancity Property Management Limited $620.44

How much money was awarded in case 4875206?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $600.00 awarded to landlord

What type of tenancy dispute was case 4875206?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4875206?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10491340-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 8C, 97 Shortland Street, Auckland Central, Tenancy Tribunal Case 4875206 — Rent arrears

Claims and awards in Tenancy Tribunal application 4875206 — net $620.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 June 2024	$600.00	Rent arrears to 24 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$620.44
Total payable by Tenant to Landlord	$620.44

Order

Timothy Slater must pay Tuscancity Property Management Limited $620.44 immediately, being rent arrears to 24 June 2024 and the filing fee.
The application for termination is dismissed.

Reasons

Both parties attended the hearing via telephone. Background
The tenancy began on 10 November 2023 and is a fixed-term tenancy expiring on 9 November 2024.
The rent is $600.00 per week and is to be paid one week in advance.
The bond is $2,400.00.
The tenant has been inconsistent with their payment of rent, falling into arrears of one – two weeks over the course of the tenancy.
On 29 April 2024, the landlord sent the tenant a 14-day notice to remedy in respect of rent arrears, which totalled $1,799.69 at the time.
On 1 May 2024, the tenant made payment to the landlord of $1,800.00.
The landlord alleges that the tenant has engaged in behaviour, which breaches the terms of the tenancy agreement.
The landlord sought termination of the tenancy due to rent arrears and the tenant’s behaviour, as well as an order requiring the tenant to pay rent arrears.
As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities. Rent arrears
The landlord provided an updated rent summary at the hearing. This was sent to the tribunal via e-mail and a copy was provided to the tenant.
The tenant accepts that they are one week behind in rent and owe $600.00.
I therefore find that the landlord has proven this claim. Termination for rent arrears
On 29 April 2024, the landlord issued the tenant a 14-day notice to remedy, stipulating that the rent was 18 days in arrears and a total of $1,799.69 was owing. Considering the service provisions under sections 136(6) and 136A(a) and (b) of the Residential Tenancy Act (RTA), the due date for payment under this notice was 17 May 2024.
On 30 April 2024, the landlord filed their application with the Tribunal.
On 1 May 2024, the tenant made payment of $1,800.00.
Under section 55(1)(a) of the Residential Tenancies Act (RTA), the Tribunal must make an order terminating the tenancy if, at the date on which the application was filed the rent is at least 21 days in arrears. At the time the landlord filed their application, the rent was 19 days in arrears. Therefore, I cannot terminate the tenancy under this section.
Under section 56(2) of the RTA, the Tribunal must make an order terminating the tenancy if at the time of determining the matter the landlord could have made an application under section 55(1)(a) of the RTA. If Mr Slater was 21 days in arrears at the date of the hearing on 24 June 2024, I could have terminated the tenancy however, at the date of the hearing Mr Slater was 7 days in arrears. Therefore, I cannot terminate the tenancy under this section.
Under section 56(1)(b) of the RTA, the Tribunal may make an order terminating the tenancy where: a. The tenant has committed a breach that is capable of being remedied; and b. The landlord gave the tenant a 14-day notice to remedy; and c. The tenant failed to remedy the breach within the time-frame required; and d. It would be inequitable to refuse to make an order terminating the tenancy.
Mr Slater remedied the breach contained in the 14-day notice to remedy on 1 May 2024 when he made payment of $1,800.00 to the landlord. The breach was remedied before the expiry date of the notice, which was 17 May 2024. Therefore, I cannot terminate the tenancy under section 56(1) of the RTA.
For the above reasons, I do not consider that the landlord has proven their claim for termination due to rent arrears. Termination for breaches of the tenancy agreement
Under section 56(1)(a) of the RTA, the Tribunal may order termination of the tenancy if it is satisfied that the other party has committed a breach of any of the provisions of the tenancy agreement or the RTA and subsections (b)(i), (ii) and (c) are made out.
The landlord made a number of accusations against the tenant regarding their behaviour during the tenancy. They submitted that CCTV footage and e-mails from the body corporate were available to support the claims. This evidence was not provided to the tenant or Tribunal in advance of the hearing and I declined to receive it during the hearing. There was insufficient time to review it and the tenant could not fairly be expected to respond with their own evidence at such short notice.
The tenant refuted all of the allegations made by the landlord except two. The tenant accepted that on one occasion they returned home intoxicated and mistakenly entered a neighbour’s apartment thinking it was their own. The tenant also accepted that on a separate occasion they returned home intoxicated, shirtless and repeatedly yelled that they had lost their keys in the hallway. The tenant advised that they had since apologised to their neighbour and were now on good terms with them. The tenant also advised that they had stopped drinking.
I find that the landlord has proven that the tenant breached clause 6 of the tenancy agreement, namely the requirement of the tenant to respect other’s rights to quiet enjoyment of their premises, by engaging in the conduct described in paragraph [24] above. I do not consider that the landlord has proven that the tenant engaged in any other conduct alleged.
The landlord issued a 14-day notice to remedy in respect of the behaviour outlined in paragraph [24] above dated 1 May 2024. Taking into account the tenant’s evidence that they have since apologised to the affected neighbour and stopped drinking, I do not consider that the landlord has proven on the balance of probabilities that the tenant has failed to remedy the breach specified in the notice within the required time-frame. I therefore dismiss the landlord’s application to terminate the tenancy under section 56(1) of the RTA. Filing fee
Because Tuscancity Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4875206 — net $620.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 June 2024	$600.00	Rent arrears to 24 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$620.44
Total payable by Tenant to Landlord	$620.44

Order

Timothy Slater must pay Tuscancity Property Management Limited $620.44 immediately, being rent arrears to 24 June 2024 and the filing fee.
The application for termination is dismissed.

Reasons

Both parties attended the hearing via telephone. Background
The tenancy began on 10 November 2023 and is a fixed-term tenancy expiring on 9 November 2024.
The rent is $600.00 per week and is to be paid one week in advance.
The bond is $2,400.00.
The tenant has been inconsistent with their payment of rent, falling into arrears of one – two weeks over the course of the tenancy.
On 29 April 2024, the landlord sent the tenant a 14-day notice to remedy in respect of rent arrears, which totalled $1,799.69 at the time.
On 1 May 2024, the tenant made payment to the landlord of $1,800.00.
The landlord alleges that the tenant has engaged in behaviour, which breaches the terms of the tenancy agreement.
The landlord sought termination of the tenancy due to rent arrears and the tenant’s behaviour, as well as an order requiring the tenant to pay rent arrears.
As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities. Rent arrears
The landlord provided an updated rent summary at the hearing. This was sent to the tribunal via e-mail and a copy was provided to the tenant.
The tenant accepts that they are one week behind in rent and owe $600.00.
I therefore find that the landlord has proven this claim. Termination for rent arrears
On 29 April 2024, the landlord issued the tenant a 14-day notice to remedy, stipulating that the rent was 18 days in arrears and a total of $1,799.69 was owing. Considering the service provisions under sections 136(6) and 136A(a) and (b) of the Residential Tenancy Act (RTA), the due date for payment under this notice was 17 May 2024.
On 30 April 2024, the landlord filed their application with the Tribunal.
On 1 May 2024, the tenant made payment of $1,800.00.
Under section 55(1)(a) of the Residential Tenancies Act (RTA), the Tribunal must make an order terminating the tenancy if, at the date on which the application was filed the rent is at least 21 days in arrears. At the time the landlord filed their application, the rent was 19 days in arrears. Therefore, I cannot terminate the tenancy under this section.
Under section 56(2) of the RTA, the Tribunal must make an order terminating the tenancy if at the time of determining the matter the landlord could have made an application under section 55(1)(a) of the RTA. If Mr Slater was 21 days in arrears at the date of the hearing on 24 June 2024, I could have terminated the tenancy however, at the date of the hearing Mr Slater was 7 days in arrears. Therefore, I cannot terminate the tenancy under this section.
Under section 56(1)(b) of the RTA, the Tribunal may make an order terminating the tenancy where: a. The tenant has committed a breach that is capable of being remedied; and b. The landlord gave the tenant a 14-day notice to remedy; and c. The tenant failed to remedy the breach within the time-frame required; and d. It would be inequitable to refuse to make an order terminating the tenancy.
Mr Slater remedied the breach contained in the 14-day notice to remedy on 1 May 2024 when he made payment of $1,800.00 to the landlord. The breach was remedied before the expiry date of the notice, which was 17 May 2024. Therefore, I cannot terminate the tenancy under section 56(1) of the RTA.
For the above reasons, I do not consider that the landlord has proven their claim for termination due to rent arrears. Termination for breaches of the tenancy agreement
Under section 56(1)(a) of the RTA, the Tribunal may order termination of the tenancy if it is satisfied that the other party has committed a breach of any of the provisions of the tenancy agreement or the RTA and subsections (b)(i), (ii) and (c) are made out.
The landlord made a number of accusations against the tenant regarding their behaviour during the tenancy. They submitted that CCTV footage and e-mails from the body corporate were available to support the claims. This evidence was not provided to the tenant or Tribunal in advance of the hearing and I declined to receive it during the hearing. There was insufficient time to review it and the tenant could not fairly be expected to respond with their own evidence at such short notice.
The tenant refuted all of the allegations made by the landlord except two. The tenant accepted that on one occasion they returned home intoxicated and mistakenly entered a neighbour’s apartment thinking it was their own. The tenant also accepted that on a separate occasion they returned home intoxicated, shirtless and repeatedly yelled that they had lost their keys in the hallway. The tenant advised that they had since apologised to their neighbour and were now on good terms with them. The tenant also advised that they had stopped drinking.
I find that the landlord has proven that the tenant breached clause 6 of the tenancy agreement, namely the requirement of the tenant to respect other’s rights to quiet enjoyment of their premises, by engaging in the conduct described in paragraph [24] above. I do not consider that the landlord has proven that the tenant engaged in any other conduct alleged.
The landlord issued a 14-day notice to remedy in respect of the behaviour outlined in paragraph [24] above dated 1 May 2024. Taking into account the tenant’s evidence that they have since apologised to the affected neighbour and stopped drinking, I do not consider that the landlord has proven on the balance of probabilities that the tenant has failed to remedy the breach specified in the notice within the required time-frame. I therefore dismiss the landlord’s application to terminate the tenancy under section 56(1) of the RTA. Filing fee
Because Tuscancity Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4875206 — Rent arrears at Unit/Flat Flat 8C, 97 Shortland Street, Auckland Central,

At a glance

Tenancy Tribunal case 4875206 — Rent arrears at Unit/Flat Flat 8C, 97 Shortland Street, Auckland 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