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  • 14 day notice or 21 days in arrears

    Hi,
    Anyone had this situation before???

    Tenant is given 14 day notice for rent arrears and tenancy application made for breaching (not paying rent) once 14 day notice has been issued.

    By time of tenancy tribunal hearing is the rent is will be over 21 days in arrears.

    When at the hearing can you claim you want tenancy terminated since it is now over 21 days in arrears or do you need to do a new tenancy tribunal application claim( since you claimed originally for termination due to tenant breaching the 14 day notice)??


    Thanks in advance

  • #2
    Originally posted by TomW View Post
    When at the hearing can you claim you want tenancy terminated since it is now over 21 days in arrears ?
    Yes (MAMC)
    www.3888444.co.nz
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    • #3
      I was interested in the answer but I don't understand it keys. Do they need a new claim or not?

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      • #4
        i think

        even though the original breech was for 14 days no rent

        if it's over 21 days when it finally gets to the TT

        you can go strait to termination without a new application

        you'd probably want to say something to the adjudicator like

        "even though this application was originally made for 14 days no payment

        as it is now 21 days without payment i would like to move straight to termination of the lease"

        of course you'd need to have the bank statements to back that up
        have you defeated them?
        your demons

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        • #5
          Just curious if this goes in your favour (the termination), how long is it until the are completely out of the house?

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          • #6
            If the tenants are 21 days in arrears as at court day, the TT must determine the matter as if the application was made when the rent was 21 days in arrears. There is no discretion for the court.

            Possession depends upon the circumstances of the tenant. Up to 48 hours. If you are unlucky and have a Thursday hearing it may push into the next week.
            www.3888444.co.nz
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            • #7
              Thanks for the reply. That seems good. I thought the tenant maybe able to continue milking the situation and go on their merry way and continue to not pay rent for weeks until they have to leave.

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              • #8
                Originally posted by Keys View Post
                If the tenants are 21 days in arrears as at court day, the TT must determine the matter as if the application was made when the rent was 21 days in arrears. There is no discretion for the court.
                Can you please explain in more detail what you mean by this?

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                • #9
                  Section 56 (2)
                  www.3888444.co.nz
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                  • #10
                    OK no ambiguity there:
                    Where an application is made by a landlord under this section and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section.

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                    • #11
                      Thats very usefull.
                      Thanks.

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                      • #12
                        Keep in mind ,that once you win and are granted termination,there is still a lag while waiting for a bailiff to action and set a firm date as to when they turn up.

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