What was the outcome of Tenancy Tribunal case 5047108?

The tribunal order states: Tamara Storm Fagan and Sophie Ella Doherty must immediately pay Rentex

How much money was awarded in case 5047108?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5047108?

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

Where can I read the official tribunal order for case 5047108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11021624-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5047108?

The tribunal order states: Tamara Storm Fagan and Sophie Ella Doherty must immediately pay Rentex

How much money was awarded in case 5047108?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5047108?

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

Where can I read the official tribunal order for case 5047108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11021624-Tenancy_Tribunal_Order.pdf.

111A Totara Road, Whenuapai, Auckland 0618 Tenancy Tribunal Case 5047108 — Rent arrears

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Reasons

The hearing was conducted by telephone.

Lucas Lin attended the hearing for the landlord’s agent.

The tenants did not attend. The hearing proceeded in their absence.

The landlord has applied for termination of the tenancy for recidivist rent arrears and breach of a 14-day notice, rent arrears and refund of the bond.

Should the tenancy be terminated?

Under s 55(1)(aa) he Tribunal must terminate a periodic tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. 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; and c. 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 d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case, although the landlord’s claim otherwise complies with s 55(1)(aa), the tenancy is for a fixed term, so the paragraph does not apply.

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate under s 56(1) Residential Tenancies Act 1986.

Where the breach is capable of remedy the landlord must first serve a notice on the tenants requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenants breached their obligations by failing to pay rent on time and failing to remedy the breach within 14 days of the landlord’s 14-day notice.

However, Mr Lin says the tenants have now fully paid their rent arrears and are paying rent in advance correctly, so they are not going to fall into arrears so long as they pay their weekly rent when it falls due. Therefore, it would not be inequitable to refuse to terminate the tenancy.

It follows, the Tribunal refuses to terminate the tenancy. Filing fee

The landlord’s application for termination was properly brought because the tenants have been in virtually constant rent arrears. Because of that I order them to reimburse the landlord for the filing fee. Addendum

The tenants should continue to pay rent when it falls due.

If the tenants fail to pay rent on time and the landlord brings another application for termination, this decision is to be brought to the next adjudicator’s attention.

The Tribunal may be more inclined to order termination if the matter comes before it in similar circumstances again.

Reasons

The hearing was conducted by telephone.

Lucas Lin attended the hearing for the landlord’s agent.

The tenants did not attend. The hearing proceeded in their absence.

The landlord has applied for termination of the tenancy for recidivist rent arrears and breach of a 14-day notice, rent arrears and refund of the bond.

Should the tenancy be terminated?

In this case, although the landlord’s claim otherwise complies with s 55(1)(aa), the tenancy is for a fixed term, so the paragraph does not apply.

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate under s 56(1) Residential Tenancies Act 1986.

The tenants breached their obligations by failing to pay rent on time and failing to remedy the breach within 14 days of the landlord’s 14-day notice.

It follows, the Tribunal refuses to terminate the tenancy. Filing fee

The tenants should continue to pay rent when it falls due.

If the tenants fail to pay rent on time and the landlord brings another application for termination, this decision is to be brought to the next adjudicator’s attention.

The Tribunal may be more inclined to order termination if the matter comes before it in similar circumstances again.

Tenancy Tribunal case 5047108 — Rent arrears at 111A Totara Road, Whenuapai, Auckland 0618

At a glance

Tenancy Tribunal case 5047108 — Rent arrears at 111A Totara Road, Whenuapai, Auckland 0618

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