What was the outcome of Tenancy Tribunal case 5426128?

The tribunal order states: Olivia Lucas must pay Robertson Property Management Limited T/A Lj Hooker

How much money was awarded in case 5426128?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,357.14 awarded to landlord

What type of tenancy dispute was case 5426128?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5426128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13175449-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5426128?

The tribunal order states: Olivia Lucas must pay Robertson Property Management Limited T/A Lj Hooker

How much money was awarded in case 5426128?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $3,357.14 awarded to landlord

What type of tenancy dispute was case 5426128?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5426128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13175449-Tenancy_Tribunal_Order.pdf.

14 Fleet Street, Oamaru North, Oamaru 9400 Tenancy Tribunal Case 5426128 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5426128 — net $3,385.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,357.14	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,385.14
Total payable by Tenant to Landlord	$3,385.14

The landlord attended the hearing by video call.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

The landlord has applied for termination of the tenancy, rent arrears, and reimbursement of the filing fee. The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).

Should the tenancy be terminated?

Termination – s 55(1) (aa) RTA

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. 1

In this case I find the landlord has not served notices on the tenant as required in the RTA. None of the notices advise the tenant of their right to make an application to the Tribunal challenging the notice.

In addition, the Tribunal can only terminate a tenancy under s 55(1) (aa) RTA in a periodic tenancy. This is a fixed term tenancy with a contractual end date of 4 August 2026. Termination – s 56 RTA

The notices served on the tenant refer to s 56 of the RTA. This provision of the RTA says 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. 2 Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant breached their obligations by failing to pay the rent as and when it is due and payable under the tenancy agreement. 3

The landlord has not served the tenant with a 14 day notice to remedy the breach. None of the notices submitted require the tenant to remedy the breach 1 RTA, s 55(1)(aa). 2 RTA, s 56(1) RTA. 3 RTA, s 40(1)(a). within a reasonable period, being not less than 14 days commencing with the day on which the notice was given (by paying a specified amount of rent arrears) but require the tenant to pay the pay current rent. Termination - s 55(1)(a) RTA

The Tribunal shall make an order terminating the tenancy if satisfied that the rent was, at the date the application was filed, at least 21 days in arrears. 4 Rent was not at least 21 days in arrears on the date the application was filed. The tenant cannot rely on rent being in 21 days in arrears when the previous application was filed because that matter was finally determined. This is a fresh application.

I find that the Tribunal cannot terminate the tenancy on any of the provisions of the RTA relating to rent arrears. The application for termination is dismissed.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 5 The landlord provided rent records which prove the amount owing as at the hearing date and I have ordered this accordingly. Filing fee and suppression

Because the landlord has partly succeeded with the claim, I have reimbursed the filing fee.

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5426128 — net $3,385.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,357.14	Rent arrears
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,385.14
Total payable by Tenant to Landlord	$3,385.14

Order

Olivia Lucas must pay Robertson Property Management Limited T/A Lj Hooker Oamaru Rentals As Agents For Harvey & Kerry Weir $3,385.14 immediately, calculated as shown in table below.

The application for termination is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for termination of the tenancy, rent arrears, and reimbursement of the filing fee. The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).

Should the tenancy be terminated?

Termination – s 55(1) (aa) RTA

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. 1
In this case I find the landlord has not served notices on the tenant as required in the RTA. None of the notices advise the tenant of their right to make an application to the Tribunal challenging the notice.
In addition, the Tribunal can only terminate a tenancy under s 55(1) (aa) RTA in a periodic tenancy. This is a fixed term tenancy with a contractual end date of 4 August 2026. Termination – s 56 RTA
The notices served on the tenant refer to s 56 of the RTA. This provision of the RTA says 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. 2 Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant breached their obligations by failing to pay the rent as and when it is due and payable under the tenancy agreement. 3
The landlord has not served the tenant with a 14 day notice to remedy the breach. None of the notices submitted require the tenant to remedy the breach 1 RTA, s 55(1)(aa). 2 RTA, s 56(1) RTA. 3 RTA, s 40(1)(a). within a reasonable period, being not less than 14 days commencing with the day on which the notice was given (by paying a specified amount of rent arrears) but require the tenant to pay the pay current rent. Termination - s 55(1)(a) RTA
The Tribunal shall make an order terminating the tenancy if satisfied that the rent was, at the date the application was filed, at least 21 days in arrears. 4 Rent was not at least 21 days in arrears on the date the application was filed. The tenant cannot rely on rent being in 21 days in arrears when the previous application was filed because that matter was finally determined. This is a fresh application.
I find that the Tribunal cannot terminate the tenancy on any of the provisions of the RTA relating to rent arrears. The application for termination is dismissed.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 5 The landlord provided rent records which prove the amount owing as at the hearing date and I have ordered this accordingly. Filing fee and suppression
Because the landlord has partly succeeded with the claim, I have reimbursed the filing fee.
The landlord did not seek name suppression.

Tenancy Tribunal case 5426128 — Rent arrears at 14 Fleet Street, Oamaru North, Oamaru 9400

At a glance

Tenancy Tribunal case 5426128 — Rent arrears at 14 Fleet Street, Oamaru North, Oamaru 9400

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions