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Tenantcheck Insights · Case study
Decided 15 Nov 2024 · Published 15 Nov 2024 · Application 5019351
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Dargaville
Tenantcheck Insights · Case study
Decided 15 Nov 2024 · Published 15 Nov 2024 · Application 5019351
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Dargaville
Tribunal region
Adjudicator
J Northwood
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
terminating the tenancy if the Tribunal is satisfied that— (a) The rent was, at the date on which the application was filed under section 86 of this Act, at least 21 days in arrears: or (aa) the tenancy is a periodic tenancy and— (i)on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and (ii)on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice (see sections 77(1) and 78(1)(a) regarding the Tribunal);and (iii)each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90- day period; and
(iv) the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice: or (b) The tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises; or (c) the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons: (i)the landlord or any member of the landlord’s family: (ii)the owner of the premises or any member of the owner’s family: (iii) any agent of the landlord: (iv) any occupier of any building of which the premises constitute a part: (v) any neighbour of the premises or of any building of which the premises constitute a part. (1A) Notwithstanding section 78(3) of this Act, the Tribunal may, instead of making a final termination order for the non-payment of rent under subsection (1)(a) and make a conditional order if, but only if, it is satisfied that— (a) The tenant will pay any rent in arrear within a period specified by the Tribunal; and (b) It is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1) applies. (1B) Any conditional order referred to in subsection (1A) of this section— (a) Shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and (b) Shall automatically take effect as a final termination order if the conditions are not complied with; and (c) Shall lapse if the conditions are complied with. (2) The Tribunal may refuse to make an order under subsection (1) of this section if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies [(but see also section 78A(3)(b). (3) It shall not be necessary for the landlord to give to the tenant notice of the landlord's intention to apply under this section for an order terminating the
Topics are dispute themes across the order (not the same as claim-type money lines).
s2(1), s55, s55(2), s56(1), s77(1), s78(3), s78A(3), s86
Common questions about this Tenancy Tribunal case.
The tribunal order states: terminating the tenancy if the Tribunal is satisfied that—
Verified claim lines are listed on this page.
The primary dispute was 14-day notice. Related themes: Harassment.
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11087847-Tenancy_Tribunal_Order.pdf.
Tribunal region
Adjudicator
J Northwood
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
terminating the tenancy if the Tribunal is satisfied that— (a) The rent was, at the date on which the application was filed under section 86 of this Act, at least 21 days in arrears: or (aa) the tenancy is a periodic tenancy and— (i)on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and (ii)on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice (see sections 77(1) and 78(1)(a) regarding the Tribunal);and (iii)each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90- day period; and
(iv) the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice: or (b) The tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises; or (c) the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons: (i)the landlord or any member of the landlord’s family: (ii)the owner of the premises or any member of the owner’s family: (iii) any agent of the landlord: (iv) any occupier of any building of which the premises constitute a part: (v) any neighbour of the premises or of any building of which the premises constitute a part. (1A) Notwithstanding section 78(3) of this Act, the Tribunal may, instead of making a final termination order for the non-payment of rent under subsection (1)(a) and make a conditional order if, but only if, it is satisfied that— (a) The tenant will pay any rent in arrear within a period specified by the Tribunal; and (b) It is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1) applies. (1B) Any conditional order referred to in subsection (1A) of this section— (a) Shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and (b) Shall automatically take effect as a final termination order if the conditions are not complied with; and (c) Shall lapse if the conditions are complied with. (2) The Tribunal may refuse to make an order under subsection (1) of this section if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies [(but see also section 78A(3)(b). (3) It shall not be necessary for the landlord to give to the tenant notice of the landlord's intention to apply under this section for an order terminating the
Topics are dispute themes across the order (not the same as claim-type money lines).
s2(1), s55, s55(2), s56(1), s77(1), s78(3), s78A(3), s86
Common questions about this Tenancy Tribunal case.
The tribunal order states: terminating the tenancy if the Tribunal is satisfied that—
Verified claim lines are listed on this page.
The primary dispute was 14-day notice. Related themes: Harassment.
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11087847-Tenancy_Tribunal_Order.pdf.