How much money was awarded in case 4343940?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $380.71 awarded to landlord

What type of tenancy dispute was case 4343940?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4343940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/7952056-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4343940?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $380.71 awarded to landlord

What type of tenancy dispute was case 4343940?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4343940?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/7952056-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4343940 — Rent arrears

Q: What was Tenancy Tribunal case 4343940 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4343940 — net $401.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$380.71	10. There have also been rent arrears off and on for all of the tenancy.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$401.15
Total payable by Tenant to Landlord	$401.15

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12 noon on Friday 29 July 2022.

The Bond Centre is to pay $401.15 from the bond of $496.00 ([Bond number suppressed]) to [The landlord/s] immediately (calculated as per the table below).

The balance of the bond of $94.85 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing held by telephone today.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations under the tenancy agreement.

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. See section 56(1) Residential Tenancies Act 1986.

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 landlord is a social housing provider and has a responsibility to fairly manage the housing that it has access to. One way it does this is to not allow its tenants to assign their tenancy to someone else so that the right sized house is made available to people referred for social housing through the Ministry of Social Development. This restriction on assigning a tenancy is legally allowed for social housing providers; see section 43A(2) RTA.

This is a clear term of the tenancy agreement and [The respondent/s] said that she understands why it is important. She explained that she is now living out of Hamilton and that her younger sister has been living at these premises.

The landlord has tried to communicate with the tenant and her sister about the situation, but it has not been resolved.

There has been a breach of the tenancy agreement, a notice of breach was served on the tenant on 10 March 2022, and the breach has not been remedied.

It would be inequitable to refuse to terminate the tenancy because this is a three- bedroom house that needs to be made available for other families in need of housing.

There have also been rent arrears off and on for all of the tenancy. This is also a breach of the tenancy agreement, the landlord has served several breach notices, and these have not been remedied. This is another reason why it is fairest that this tenancy end soon.

After discussion, the tenancy will terminate at 12 noon on Friday 29 July 2022.

Rent has been calculated up to the day before this and will be paid to the landlord from the bond. The landlord is entitled to be awarded the filing fee as the application is successful. This is a total of $401.15 to be paid from the bond.

A balance of $94.85 remains at the Bond Centre and can be refunded by both parties signing a bond refund form after the tenancy ends, or by another Tribunal order.

The tenant and the landlord have agreed to keep in contact about any help either of them can give the tenant’s sister to find new accommodation and also about removing the tenant’s belongings from the house before, or soon after, the tenancy ends.

If communication about the end of tenancy arrangements becomes difficult, I recommend that either the property manager or [The respondent/s] makes an application to Tenancy Services asking for an order to dispose of belongings and requests a mediation phone call to try to make arrangements which will avoid high costs for them both. Any agreements made at mediation are private to the parties and are not published.

I wish both parties the best. I have suppressed both of their names because the landlord has been successful so is entitled to this privacy and I am satisfied that the circumstances leading to this have been difficult and it would not be in the tenant’s interests or in the public interest to publish her name on this occasion.

Claims and awards in Tenancy Tribunal application 4343940 — net $401.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$380.71	10. There have also been rent arrears off and on for all of the tenancy.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$401.15
Total payable by Tenant to Landlord	$401.15

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord names and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 12 noon on Friday 29 July 2022.
The Bond Centre is to pay $401.15 from the bond of $496.00 ([Bond number suppressed]) to [The landlord/s] immediately (calculated as per the table below).
The balance of the bond of $94.85 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing held by telephone today.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations under the tenancy agreement.
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. See section 56(1) Residential Tenancies Act 1986.
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 landlord is a social housing provider and has a responsibility to fairly manage the housing that it has access to. One way it does this is to not allow its tenants to assign their tenancy to someone else so that the right sized house is made available to people referred for social housing through the Ministry of Social Development. This restriction on assigning a tenancy is legally allowed for social housing providers; see section 43A(2) RTA.
This is a clear term of the tenancy agreement and [The respondent/s] said that she understands why it is important. She explained that she is now living out of Hamilton and that her younger sister has been living at these premises.
The landlord has tried to communicate with the tenant and her sister about the situation, but it has not been resolved.
There has been a breach of the tenancy agreement, a notice of breach was served on the tenant on 10 March 2022, and the breach has not been remedied.
It would be inequitable to refuse to terminate the tenancy because this is a three- bedroom house that needs to be made available for other families in need of housing.
There have also been rent arrears off and on for all of the tenancy. This is also a breach of the tenancy agreement, the landlord has served several breach notices, and these have not been remedied. This is another reason why it is fairest that this tenancy end soon.
After discussion, the tenancy will terminate at 12 noon on Friday 29 July 2022.
Rent has been calculated up to the day before this and will be paid to the landlord from the bond. The landlord is entitled to be awarded the filing fee as the application is successful. This is a total of $401.15 to be paid from the bond.
A balance of $94.85 remains at the Bond Centre and can be refunded by both parties signing a bond refund form after the tenancy ends, or by another Tribunal order.
The tenant and the landlord have agreed to keep in contact about any help either of them can give the tenant’s sister to find new accommodation and also about removing the tenant’s belongings from the house before, or soon after, the tenancy ends.
If communication about the end of tenancy arrangements becomes difficult, I recommend that either the property manager or [The respondent/s] makes an application to Tenancy Services asking for an order to dispose of belongings and requests a mediation phone call to try to make arrangements which will avoid high costs for them both. Any agreements made at mediation are private to the parties and are not published.
I wish both parties the best. I have suppressed both of their names because the landlord has been successful so is entitled to this privacy and I am satisfied that the circumstances leading to this have been difficult and it would not be in the tenant’s interests or in the public interest to publish her name on this occasion.

Tenancy Tribunal case 4343940 — Rent arrears

At a glance

Tenancy Tribunal case 4343940 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions