What was the outcome of Tenancy Tribunal case 4548229?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4548229?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,150.00 awarded to landlord

What type of tenancy dispute was case 4548229?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4548229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9231308-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4548229?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4548229?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,150.00 awarded to landlord

What type of tenancy dispute was case 4548229?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4548229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9231308-Tenancy_Tribunal_Order.pdf.

Unit 6, 380 Ellerslie-Panmure Highway, Mount Wellington, Tenancy Tribunal Case 4548229 — Rent arrears

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Unit 6, 380 Ellerslie-Panmure Highway, Mount Wellington, Tenancy Tribunal Case 4548229 — 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 4548229 — net $1,170.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 July 2023	$1,150.00	Rent arrears to 28 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,170.44
Total payable by Tenant to Landlord	$1,170.44

Claims and awards for application 4548229 — net $1,170.44 NZD. Verify on MoJ.

Rent arrears to 28 July 2023

Amount: $1,150.00
Awarded to: Landlord
Reason: Rent arrears to 28 July 2023

Filing fee reimbursement

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

Net award

Landlord $1,170.44

Total payable by Tenant to Landlord

Landlord $1,170.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Nancy Biau Lacabuka and Josua Lacabuka owes Street Smart Property Management Limited as agent for David Hazelwinkel $1,170.44 (“the debt”), calculated as shown in the table below.
Nancy Biau Lacabuka and Josua Lacabuka must pay rent and the debt as follows: a. By 4 fortnightly payments of $1,350.00, being $1,100.00 for rent and $250.00 for the debt. b. A final payment of $1,270.44, being $1,100.00 for rent and $170.44 for the debt. c. Payments will be every other Tuesday, with the first payment on 01/08/2023 and continuing until 26/09/2023.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit 6, 380 Ellerslie-Panmure Highway, Mount Wellington, Auckland 1060 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing which was conducted via teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
In this case, the landlord has provided an updated rent summary. The current rent arrears are $1,150.00 up to 28 July 2023 (the rent summary also outlined rent due for the next rent period but that does not form part of the arrears).
The tenants have already been paying additional rent to try and reduce the debt. That has been in the amount of $1350.00 per fortnight. Looking at the rent summary I can see that they have largely kept up with that.
I am therefore satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because Street Smart Property Management Limited as agent for David Hazelwinkel has wholly succeeded with the claim I must reimburse the filing fee. J R Smith 28 July 2023

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 4548229 — net $1,170.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 July 2023	$1,150.00	Rent arrears to 28 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,170.44
Total payable by Tenant to Landlord	$1,170.44

Claims and awards for application 4548229 — net $1,170.44 NZD. Verify on MoJ.

Rent arrears to 28 July 2023

Amount: $1,150.00
Awarded to: Landlord
Reason: Rent arrears to 28 July 2023

Filing fee reimbursement

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

Net award

Landlord $1,170.44

Total payable by Tenant to Landlord

Landlord $1,170.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Nancy Biau Lacabuka and Josua Lacabuka owes Street Smart Property Management Limited as agent for David Hazelwinkel $1,170.44 (“the debt”), calculated as shown in the table below.
Nancy Biau Lacabuka and Josua Lacabuka must pay rent and the debt as follows: a. By 4 fortnightly payments of $1,350.00, being $1,100.00 for rent and $250.00 for the debt. b. A final payment of $1,270.44, being $1,100.00 for rent and $170.44 for the debt. c. Payments will be every other Tuesday, with the first payment on 01/08/2023 and continuing until 26/09/2023.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit 6, 380 Ellerslie-Panmure Highway, Mount Wellington, Auckland 1060 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing which was conducted via teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
In this case, the landlord has provided an updated rent summary. The current rent arrears are $1,150.00 up to 28 July 2023 (the rent summary also outlined rent due for the next rent period but that does not form part of the arrears).
The tenants have already been paying additional rent to try and reduce the debt. That has been in the amount of $1350.00 per fortnight. Looking at the rent summary I can see that they have largely kept up with that.
I am therefore satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because Street Smart Property Management Limited as agent for David Hazelwinkel has wholly succeeded with the claim I must reimburse the filing fee. J R Smith 28 July 2023

Tenancy Tribunal case 4548229 — Rent arrears at Unit 6, 380 Ellerslie-Panmure Highway, Mount Wellington,

At a glance

Tenancy Tribunal case 4548229 — Rent arrears at Unit 6, 380 Ellerslie-Panmure Highway, Mount Wellington,

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions