What was Tenancy Tribunal case 4344865 about?

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

How much money was awarded in case 4344865?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Water Rates: $68.57 awarded to landlord

What type of tenancy dispute was case 4344865?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4344865?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/7968715-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4344865 about?

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

How much money was awarded in case 4344865?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Water Rates: $68.57 awarded to landlord

What type of tenancy dispute was case 4344865?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4344865?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/7968715-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4344865 — Rent arrears

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New Zealand Tenancy Tribunal Case 4344865 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4344865. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 26 July 2022	$1,200.00	Rent arrears as of 26 July 2022
Water rates (May and June 2022	$68.57	Water rates (May and June 2022
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4344865. Verify on MoJ.

Rent arrears as of 26 July 2022

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears as of 26 July 2022

Water rates (May and June 2022

Amount: $68.57
Awarded to: Landlord
Reason: Water rates (May and June 2022

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Vanessa Rae Fatnowna and Johnson Kenny owes [The landlord/s] $1,289.01 (“the debt”), calculated as follows:
Vanessa Rae Fatnowna and Johnson Kenny must pay the debt as set out in order 2 above, in full, no later than by 5:00pm on Friday 29 July 2022.
If the tenants fail to pay the debt in full by 5:00pm on Friday 29 July 2022, then: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. DescriptionLandlord Rent arrears as of 26 July 2022$1,200.00 Water rates (May and June 2022)$68.57 Filing fee reimbursement$20.44 Total award$1,289.01

Reasons

Only the landlord attended the hearing. I have no reason to believe the tenants have not been served notice of the hearing.
The landlord has applied for termination of the tenancy, rent arrears and payment of water rates. The landlord has established the rent arrears claimed, and also the water rates for the May and June invoices.

Should a conditional termination order be made?

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. 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. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay the landlord rent when it fell due. On 28 June 2022 the landlord served a 14-day notice on the tenant to get the rent up to date, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, I consider that a conditional termination order should be made. That means the tenants must pay the rent arrears and water rates by 5:00pm on 29 July 2022, and in full. If that payment is made, then the tenancy will continue. But if the tenants fail to make that payment in full, then the tenancy terminates as of 5:00pm on 29 July 2022.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4344865. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as of 26 July 2022	$1,200.00	Rent arrears as of 26 July 2022
Water rates (May and June 2022	$68.57	Water rates (May and June 2022
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4344865. Verify on MoJ.

Rent arrears as of 26 July 2022

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears as of 26 July 2022

Water rates (May and June 2022

Amount: $68.57
Awarded to: Landlord
Reason: Water rates (May and June 2022

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Vanessa Rae Fatnowna and Johnson Kenny owes [The landlord/s] $1,289.01 (“the debt”), calculated as follows:
Vanessa Rae Fatnowna and Johnson Kenny must pay the debt as set out in order 2 above, in full, no later than by 5:00pm on Friday 29 July 2022.
If the tenants fail to pay the debt in full by 5:00pm on Friday 29 July 2022, then: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. DescriptionLandlord Rent arrears as of 26 July 2022$1,200.00 Water rates (May and June 2022)$68.57 Filing fee reimbursement$20.44 Total award$1,289.01

Reasons

Only the landlord attended the hearing. I have no reason to believe the tenants have not been served notice of the hearing.
The landlord has applied for termination of the tenancy, rent arrears and payment of water rates. The landlord has established the rent arrears claimed, and also the water rates for the May and June invoices.

Should a conditional termination order be made?

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. 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. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay the landlord rent when it fell due. On 28 June 2022 the landlord served a 14-day notice on the tenant to get the rent up to date, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, I consider that a conditional termination order should be made. That means the tenants must pay the rent arrears and water rates by 5:00pm on 29 July 2022, and in full. If that payment is made, then the tenancy will continue. But if the tenants fail to make that payment in full, then the tenancy terminates as of 5:00pm on 29 July 2022.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4344865 — Rent arrears

At a glance

Tenancy Tribunal case 4344865 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions