What was the outcome of Tenancy Tribunal case 4993589?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4993589?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4993589?

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

Where can I read the official tribunal order for case 4993589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11079609-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4993589?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4993589?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4993589?

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

Where can I read the official tribunal order for case 4993589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11079609-Tenancy_Tribunal_Order.pdf.

53 Te Raki Drive, Lincoln, Lincoln 7608 Tenancy Tribunal Case 4993589 — Rent arrears

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Reasons

Both parties attended the hearing via video conference.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. The landlord is the applicant.

The applicant alleged that the tenant failed to fulfil his obligation to pay rent on time. Notices were issued under sections 55(1)(aa) and 56 of the Residential Tenancies Act (RTA), all related to non-payment of rent or rent arrears.

However, as of today, the applicant confirmed that the tenant has paid the outstanding rent. The applicant also reported that the tenant’s account now has a credit balance of $5. Section 55 RTA notices

Under section 55 of the Residential Tenancies Act (RTA), I have the jurisdiction to issue a conditional order if the rent remains in arrears.

However, the rent is currently up to date. Therefore, I am not satisfied that the tenant will fall behind on his rent.

I came to this conclusion because the rent owed as of 4 November 2024, was $545.00, which amounts to one week's rent. As it stands, the rent is now paid in full.

The tenant also indicated that he would do his best to maintain timely rent payments. Currently, the tenant is awaiting surgery in December 2024, but he expects to return to work in January 2025.

I would have reached a different conclusion if the tenant had not been employed or if he had not made an effort to address the applicant’s concerns about the outstanding rent as of 4 November 2024. Section 56 RTA notice

In relation to the s56 RTA notice, my view is that terminating the tenant's tenancy would be unfair to him, especially since he has brought his rent up to date. If I were to terminate the tenancy, the tenant would have to find a new place quickly while also preparing for surgery in December 2024.

Furthermore, granting the landlord’s termination application would mean that the tenant had put the landlord back in a no-rent-owed position, while also giving the landlord an additional benefit from terminating the tenancy. In my opinion, this would be grossly unfair to the tenant.

Therefore, I have decided not to terminate the tenancy.

The applicant has not satisfied me that the tenant has outstanding rent to pay, so the application is dismissed.

Reasons

Both parties attended the hearing via video conference.

The applicant is required to establish the claim to the civil law standard of proof, on the balance of probabilities. The landlord is the applicant.

Under section 55 of the Residential Tenancies Act (RTA), I have the jurisdiction to issue a conditional order if the rent remains in arrears.

However, the rent is currently up to date. Therefore, I am not satisfied that the tenant will fall behind on his rent.

I came to this conclusion because the rent owed as of 4 November 2024, was $545.00, which amounts to one week's rent. As it stands, the rent is now paid in full.

The tenant also indicated that he would do his best to maintain timely rent payments. Currently, the tenant is awaiting surgery in December 2024, but he expects to return to work in January 2025.

Therefore, I have decided not to terminate the tenancy.

The applicant has not satisfied me that the tenant has outstanding rent to pay, so the application is dismissed.

Tenancy Tribunal case 4993589 — Rent arrears at 53 Te Raki Drive, Lincoln, Lincoln 7608

At a glance

Tenancy Tribunal case 4993589 — Rent arrears at 53 Te Raki Drive, Lincoln, Lincoln 7608

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