What was the outcome of Tenancy Tribunal case 4945595?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4945595?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4945595?

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

Where can I read the official tribunal order for case 4945595?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10776261-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4945595?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4945595?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4945595?

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

Where can I read the official tribunal order for case 4945595?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10776261-Tenancy_Tribunal_Order.pdf.

1388 Great South Road, Ramarama, RD 3, Drury 2579 Tenancy Tribunal Case 4945595 — Rent arrears

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Order

The application is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear. Certain other procedural formalities must also be met, see section 55(1)(aa) of the Residential Tenancies Act, 1986, (the “RTA”).
The Tribunal may refuse to make an order under section 55(1) if the breach has been remedied, the landlord has been compensated for any loss and the Tribunal is satisfied that it is unlikely that the tenant will commit any further breaches of a kind to which this section applies, see section 55(2) RTA.
The landlord’s application is legally correct and unless I apply section 55(2) I must terminate the tenancy.
However, the tenant has remedied the breach, which in itself compensates the landlord for their loss. I also note that a different breach regarding the number of vehicles at the property has also been remedied. I consider this to be a deliberate demonstration by the tenants as to their intention to comply with their obligations under the RTA and their tenancy agreement in order to maintain their tenancy.
The tenants also made the following submissions: a. They have been “tripped” up by the days on which they receive payments and on which they make payments being close together. They have taken steps to make arrangements so this won’t happen in future. b. At the beginning of the tenancy they suffered poor health, and following the course of their life they now receive payments from WINZ which supplement their income and mean they have a more secure financial position.
Because of this I am satisfied the tenants are unlikely to fall into rent arrears again and I refuse to order termination of their tenancy.

Tenancy Tribunal case 4945595 — Rent arrears at 1388 Great South Road, Ramarama, RD 3, Drury 2579

At a glance

Tenancy Tribunal case 4945595 — Rent arrears at 1388 Great South Road, Ramarama, RD 3, Drury 2579

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions