What was the outcome of Tenancy Tribunal case 5097588?

The tribunal order states: The landlord’s application is dismissed.

How much money was awarded in case 5097588?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5097588?

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

Where can I read the official tribunal order for case 5097588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11451860-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5097588?

The tribunal order states: The landlord’s application is dismissed.

How much money was awarded in case 5097588?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5097588?

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

Where can I read the official tribunal order for case 5097588?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11451860-Tenancy_Tribunal_Order.pdf.

9 Blucks Road, Otorohanga, Otorohanga 3900 Tenancy Tribunal Case 5097588 — Rent arrears

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Reasons

The landlord attended the hearing. The tenant did not attend the hearing. Attempts were made to join the tenant to the hearing by calling three separate phone numbers. The calls all went to voicemail. The hearing proceeded in the tenant’s absence.

The landlord has applied for termination of the tenancy and rent arrears.

Should the tenancy be terminated?

The Tribunal shall terminate a 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.

While the landlord complied with section 55(1)(aa) in relation to the notices, section 55(1) is subject to section 55(2) which states: “The Tribunal may refuse to make an order under subsection (1) 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.”

The three notices were served on the tenant on 12, 21 and 28 November 2024. Throughout December 2024 the tenant paid more than the weekly rent meaning that the arrears were reducing. At all times the rent arrears were less than 21 days owing. On 30 January 2025 the tenant made a payment which cleared all arrears and since that date the tenant has paid the weekly rent. At the date of hearing there are no rent arrears owed.

For these reasons I consider that section 55(2) applies as I am satisfied that the breach has been remedied and it is unlikely that the tenant will commit any further breach of this kind. There was no evidence submitted at the hearing as to any loss for the landlord arising from the breach.

As there are no arrears that part of the claim is dismissed. Further, due to section 55(2) I decline to make an order terminating the tenancy and that claim is dismissed.

As the landlord was unsuccessful with the application I make no award for reimbursement of the filing fee.

Reasons

The landlord has applied for termination of the tenancy and rent arrears.

Should the tenancy be terminated?

As there are no arrears that part of the claim is dismissed. Further, due to section 55(2) I decline to make an order terminating the tenancy and that claim is dismissed.

As the landlord was unsuccessful with the application I make no award for reimbursement of the filing fee.

Tenancy Tribunal case 5097588 — Rent arrears at 9 Blucks Road, Otorohanga, Otorohanga 3900

At a glance

Tenancy Tribunal case 5097588 — Rent arrears at 9 Blucks Road, Otorohanga, Otorohanga 3900

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