What was the outcome of Tenancy Tribunal case 5069029?

The tribunal order states: Mark Richards-Major must pay Barfoot & Thompson Limited Acting Agent For

How much money was awarded in case 5069029?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5069029?

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

Where can I read the official tribunal order for case 5069029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11161954-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5069029?

The tribunal order states: Mark Richards-Major must pay Barfoot & Thompson Limited Acting Agent For

How much money was awarded in case 5069029?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5069029?

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

Where can I read the official tribunal order for case 5069029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11161954-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1907, 8 Albert Street, Auckland Central, Auckland Tenancy Tribunal Case 5069029 — Rent arrears

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Unit/Flat 1907, 8 Albert Street, Auckland Central, Auckland Tenancy Tribunal Case 5069029 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5069029. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and reimbursement of the filing fee of	$27.00		and reimbursement of the filing fee of

Claims and awards for application 5069029. Verify on MoJ.

and reimbursement of the filing fee of

Amount: $27.00
Awarded to: Landlord
Reason: and reimbursement of the filing fee of

Claim types — money lines allowed on this order

Filing Fee

Order

Mark Richards-Major must pay Barfoot & Thompson Limited Acting Agent For Jacqueline Davies $1,771.29 immediately, being rent arrears to 3 December 2024 of $1,744.29 and reimbursement of the filing fee of $27.00.

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned twice but did not answer and so messages were left.
The landlord has applied for rent arrears and termination of the tenancy and has provided rent records which prove the amount owing at the date of today’s hearing. This sum is awarded to the landlord.
The landlord applied to the Tribunal on 13 November 2024. At that date the tenant was in rent arrears of $2,108.57. The landlord’s statement shows that rent of $2,730.00 was owing at that date. This amount was to pay the rent to 18 November 2024. In other words, part of that amount was for rent in advance. The tenant was in breach of his obligation under the tenancy agreement to pay rent in advance, but his rent arrears to the the date on which the application was filed was $2,108.57.
At the date the application was filed, the tenant was therefore not in arrears by 21 days. The Tribunal cannot therefore terminate the tenancy under section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
At the date of the hearing, the tenant was in arrears of $1,744.29. This does not equate to 21 days’ rent. The Tribunal cannot therefore terminate the tenancy under section 56(2) RTA.
The tenancy is a fixed term tenancy and so section 55(1)(aa) RTA does not apply. In any event, no evidence of the requisite notices was supplied to the Tribunal.
The landlord’s rent records for the last two years show that rent payments were up to date and often paid well in advance until the beginning of July this year since when the situation has deteriorated and the tenant has been persistently in arrears. The landlord did not supply any evidence that breach notices have been issued as required under section 56(1) RTA and so it is not possible to consider termination under that section of the Act.
The tenant should be aware that given the poor history of rent payments over the last five months, the landlord may in future consider an application under section 56(1) RTA, if payments are not brought up to date and rent payments made regularly as they fall due.
Because Barfoot & Thompson Limited Acting Agent For Jacqueline Davies has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5069029. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and reimbursement of the filing fee of	$27.00		and reimbursement of the filing fee of

Claims and awards for application 5069029. Verify on MoJ.

and reimbursement of the filing fee of

Amount: $27.00
Awarded to: Landlord
Reason: and reimbursement of the filing fee of

Claim types — money lines allowed on this order

Filing Fee

Order

Mark Richards-Major must pay Barfoot & Thompson Limited Acting Agent For Jacqueline Davies $1,771.29 immediately, being rent arrears to 3 December 2024 of $1,744.29 and reimbursement of the filing fee of $27.00.

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned twice but did not answer and so messages were left.
The landlord has applied for rent arrears and termination of the tenancy and has provided rent records which prove the amount owing at the date of today’s hearing. This sum is awarded to the landlord.
The landlord applied to the Tribunal on 13 November 2024. At that date the tenant was in rent arrears of $2,108.57. The landlord’s statement shows that rent of $2,730.00 was owing at that date. This amount was to pay the rent to 18 November 2024. In other words, part of that amount was for rent in advance. The tenant was in breach of his obligation under the tenancy agreement to pay rent in advance, but his rent arrears to the the date on which the application was filed was $2,108.57.
At the date the application was filed, the tenant was therefore not in arrears by 21 days. The Tribunal cannot therefore terminate the tenancy under section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
At the date of the hearing, the tenant was in arrears of $1,744.29. This does not equate to 21 days’ rent. The Tribunal cannot therefore terminate the tenancy under section 56(2) RTA.
The tenancy is a fixed term tenancy and so section 55(1)(aa) RTA does not apply. In any event, no evidence of the requisite notices was supplied to the Tribunal.
The landlord’s rent records for the last two years show that rent payments were up to date and often paid well in advance until the beginning of July this year since when the situation has deteriorated and the tenant has been persistently in arrears. The landlord did not supply any evidence that breach notices have been issued as required under section 56(1) RTA and so it is not possible to consider termination under that section of the Act.
The tenant should be aware that given the poor history of rent payments over the last five months, the landlord may in future consider an application under section 56(1) RTA, if payments are not brought up to date and rent payments made regularly as they fall due.
Because Barfoot & Thompson Limited Acting Agent For Jacqueline Davies has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5069029 — Rent arrears at Unit/Flat 1907, 8 Albert Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 5069029 — Rent arrears at Unit/Flat 1907, 8 Albert Street, Auckland Central, Auckland

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