What was the outcome of Tenancy Tribunal case 5122813?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5122813?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5122813?

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

Where can I read the official tribunal order for case 5122813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11387906-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5122813?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5122813?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5122813?

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

Where can I read the official tribunal order for case 5122813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11387906-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 13 Orelio Street, Hillcrest, Hamilton 3206 Tenancy Tribunal Case 5122813 — Rent arrears

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Reasons

Ms Day, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 617, was called twice with no response. As the tenant was served, the hearing proceeded in her absence.

The landlord has applied for termination and possession pursuant to section 55(1) Residential Tenancies Act 1986 (“RTA”), rent arrears, refund bond and refund of the application fee.

The landlord provided rent records for the tenancy. At the time the application was made, the tenant was technically in rent arrears by more than 21 days. However, on the day of the hearing on 3 February 2025, the landlord provided an updated rent summary which showed that the tenant was in credit by $1,467.14 to 31 January 2025, after a large lump sum payment by the tenant.

The landlord wished, however, to proceed with their application to terminate the tenancy, and to support that claim said that there was another time around November 2024 when the tenant was in rent arrears and then made a large lump sum payment during an earlier Tribunal application by the landlord. The landlord said they withdrew their earlier Tribunal application as the tenant had paid the rent arrears then.

Section 55(2) RTA provides that the Tribunal may refuse to make an order under subsection 55(1) RTA if, but only if, it is satisfied that the breach has been remedied, the landlord has been compensated for any loss arising from that breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies.

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

The tenant has remedied the breach of rent arrears, the landlord has been compensated for their loss, and the tenant is in credit for rent at the date of the hearing.

There was no evidence provided about the landlord issuing the tenant with any 14-day notices about rent arrears, or about any correspondence between the parties about rent payments missed.

Whilst there was an 11-week period in 2024 with some rent payment issues, I note from the rent summary that the tenant paid full weekly rent for 7 of those 11 weeks and missed rent sporadically for 4 of the 11 weeks, then cleared all arrears in a large lump sum. I am not satisfied that the landlord has provided sufficient evidence to show that it is more likely than not that the tenant will commit any further such breach. Therefore, I dismiss the landlord’s claims.

Reasons

The landlord has applied for termination and possession pursuant to section 55(1) Residential Tenancies Act 1986 (“RTA”), rent arrears, refund bond and refund of the application fee.

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

The tenant has remedied the breach of rent arrears, the landlord has been compensated for their loss, and the tenant is in credit for rent at the date of the hearing.

There was no evidence provided about the landlord issuing the tenant with any 14-day notices about rent arrears, or about any correspondence between the parties about rent payments missed.

Tenancy Tribunal case 5122813 — Rent arrears at Unit/Flat A, 13 Orelio Street, Hillcrest, Hamilton 3206

At a glance

Tenancy Tribunal case 5122813 — Rent arrears at Unit/Flat A, 13 Orelio Street, Hillcrest, Hamilton 3206

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