What was Tenancy Tribunal case 4549929 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 4549929?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $13,440.00 awarded to landlord

What type of tenancy dispute was case 4549929?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4549929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9007683-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4549929 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 4549929?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $13,440.00 awarded to landlord

What type of tenancy dispute was case 4549929?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4549929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9007683-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4549929 — Rent arrears

Claims and awards in Tenancy Tribunal application 4549929 — net $18,940.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,440.00	Rent arrears
__________________________________________________________________________________ 45499292 Bond	$5,480.00	__________________________________________________________________________________ 45499292 Bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,940.44
Total payable by Tenant to Landlord	$18,940.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord and the tenants name, and identifying details.
[The tenant/s] owe [The landlord/s] $18,940.44 (“the debt”).
[The tenant/s] must pay current rent and the debt as follows: a. A lump sum payment of $18,940.44 for the debt, being rent arrears to 2 June 2023, bond and filing fee. See the table below. b. By weekly payment of $1,470.00, being the current rent from 9 June 2023.
If the tenant fails to pay the debt on 2 June 2023: 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$13,440.00 Bond$5,480.00 Filing fee reimbursement$20.44 Total award$18,940.44 Total payable by Tenant to Landlord$18,940.44

Reasons

[Landlord's representative 1] and [Landlord's representative 2] appeared as the agent for the landlord.
[Tenant 1] attended the hearing. [Tenant 2] did not. [Tenant 1] and [Tenant 2] are tenants under the tenancy agreement. They are jointly and severally liable for the outcome of this hearing.
The landlord has applied for termination of the tenancy and rent arrears. [Tenant 1] 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.
Shortly after the hearing commenced, [Landlord's representative 1] informed me that the parties had come to an agreement. She requested that I issue a conditional order instead of immediate termination.
[Tenant 1] submitted evidence to support his plan to repay rent arrears and bond. [Landlord's representative 1] and [Landlord's representative 2] both sighted the evidence and were satisfied [Tenant 1] would be able to repay rent arrears to 2 June 2023 ($13,440), bond ($5,480) and filing fee ($20.44) on 2 June 2023.
[Tenant 1] helpfully took me through the evidence he prepared. Accordingly, I am satisfied that [Tenant 1] will pay the debt on 2 June 2023 and is 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. Suppression Order The landlord’s withdrawal application
[Landlord's representative 1] withdrew her suppression application in the hearing. Her application to withdraw is declined.
I declined [Landlord's representative 1]’s application to withdraw because she was under the impression that this decision would have her company name noted as the landlord without naming her client. Her impression was incorrect.
In fairness to [Landlord's representative 1], suppression was sought when the application was filed on 14 April 2023. Granting her withdrawal application may prejudice her client who sought the suppression. [Tenant 1]’s suppression application in the hearing
[Tenant 1] made an oral application to suppress the tenants’ names and identifying details.
[Landlord's representative 1] opposed [Tenant 1]’s application for suppression in the hearing on the grounds that she would not need to apply for termination due to rent arrears if [Tenant 1] was responsive to her texts and calls.
There is merit in [Landlord's representative 1]’s submissions in support of her opposition. On the other hand, it is in the public interest to encourage the parties to discuss and reach a settlement without the intervention of this Tribunal.
In the present case, when the hearing commenced, the parties confirmed they had reached an agreement on the terms of the conditional order. There were minor issues agreed in the hearing, but none, in my view, were substantive and [Tenant 1] did not take issues with [Landlord's representative 1]’s terms.
For instance, the Tribunal allows payment within two working days of the due date. Termination of the tenancy and possession will revert to the landlord two working days after the due date. [Landlord's representative 1] does not agree with this.
[Landlord's representative 1] would like the conditional order to note that if [Tenant 1] fails to pay the total amount awarded in favour of the landlord on 2 June 2023, the tenancy will terminate, and the landlord will have immediate possession of the premises. [Tenant 1] did not have an issue with this approach and indicated he would send a screenshot to [Landlord's representative 1] to confirm he had transferred the money to the landlord’s trust account on 2 June 2023.
For the reasons above, [Tenant 1] has satisfied me that he had substantially succeeded in proceedings under s 95A(1) RTA.
If I were wrong in applying s 95A(1) RTA, I consider s 95A(4) RTA would be triggered for the same reasons above because it is in the public interest to encourage the parties to settle.
Accordingly, the tenant’s application for suppression is granted. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4549929 — net $18,940.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$13,440.00	Rent arrears
__________________________________________________________________________________ 45499292 Bond	$5,480.00	__________________________________________________________________________________ 45499292 Bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,940.44
Total payable by Tenant to Landlord	$18,940.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord and the tenants name, and identifying details.
[The tenant/s] owe [The landlord/s] $18,940.44 (“the debt”).
[The tenant/s] must pay current rent and the debt as follows: a. A lump sum payment of $18,940.44 for the debt, being rent arrears to 2 June 2023, bond and filing fee. See the table below. b. By weekly payment of $1,470.00, being the current rent from 9 June 2023.
If the tenant fails to pay the debt on 2 June 2023: 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$13,440.00 Bond$5,480.00 Filing fee reimbursement$20.44 Total award$18,940.44 Total payable by Tenant to Landlord$18,940.44

Reasons

[Landlord's representative 1] and [Landlord's representative 2] appeared as the agent for the landlord.
[Tenant 1] attended the hearing. [Tenant 2] did not. [Tenant 1] and [Tenant 2] are tenants under the tenancy agreement. They are jointly and severally liable for the outcome of this hearing.
The landlord has applied for termination of the tenancy and rent arrears. [Tenant 1] 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.
Shortly after the hearing commenced, [Landlord's representative 1] informed me that the parties had come to an agreement. She requested that I issue a conditional order instead of immediate termination.
[Tenant 1] submitted evidence to support his plan to repay rent arrears and bond. [Landlord's representative 1] and [Landlord's representative 2] both sighted the evidence and were satisfied [Tenant 1] would be able to repay rent arrears to 2 June 2023 ($13,440), bond ($5,480) and filing fee ($20.44) on 2 June 2023.
[Tenant 1] helpfully took me through the evidence he prepared. Accordingly, I am satisfied that [Tenant 1] will pay the debt on 2 June 2023 and is 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. Suppression Order The landlord’s withdrawal application
[Landlord's representative 1] withdrew her suppression application in the hearing. Her application to withdraw is declined.
I declined [Landlord's representative 1]’s application to withdraw because she was under the impression that this decision would have her company name noted as the landlord without naming her client. Her impression was incorrect.
In fairness to [Landlord's representative 1], suppression was sought when the application was filed on 14 April 2023. Granting her withdrawal application may prejudice her client who sought the suppression. [Tenant 1]’s suppression application in the hearing
[Tenant 1] made an oral application to suppress the tenants’ names and identifying details.
[Landlord's representative 1] opposed [Tenant 1]’s application for suppression in the hearing on the grounds that she would not need to apply for termination due to rent arrears if [Tenant 1] was responsive to her texts and calls.
There is merit in [Landlord's representative 1]’s submissions in support of her opposition. On the other hand, it is in the public interest to encourage the parties to discuss and reach a settlement without the intervention of this Tribunal.
In the present case, when the hearing commenced, the parties confirmed they had reached an agreement on the terms of the conditional order. There were minor issues agreed in the hearing, but none, in my view, were substantive and [Tenant 1] did not take issues with [Landlord's representative 1]’s terms.
For instance, the Tribunal allows payment within two working days of the due date. Termination of the tenancy and possession will revert to the landlord two working days after the due date. [Landlord's representative 1] does not agree with this.
[Landlord's representative 1] would like the conditional order to note that if [Tenant 1] fails to pay the total amount awarded in favour of the landlord on 2 June 2023, the tenancy will terminate, and the landlord will have immediate possession of the premises. [Tenant 1] did not have an issue with this approach and indicated he would send a screenshot to [Landlord's representative 1] to confirm he had transferred the money to the landlord’s trust account on 2 June 2023.
For the reasons above, [Tenant 1] has satisfied me that he had substantially succeeded in proceedings under s 95A(1) RTA.
If I were wrong in applying s 95A(1) RTA, I consider s 95A(4) RTA would be triggered for the same reasons above because it is in the public interest to encourage the parties to settle.
Accordingly, the tenant’s application for suppression is granted. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4549929 — Rent arrears

At a glance

Tenancy Tribunal case 4549929 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions