What was Tenancy Tribunal case 4559656 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 4559656?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,417.14 awarded to landlord; Water Rates: $298.26 awarded to landlord

What type of tenancy dispute was case 4559656?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4559656?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9313508-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4559656 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 4559656?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,417.14 awarded to landlord; Water Rates: $298.26 awarded to landlord

What type of tenancy dispute was case 4559656?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4559656?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9313508-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4559656 — Rent arrears

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New Zealand Tenancy Tribunal Case 4559656 — 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 4559656 — net $495.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears due as of 26 August 2023	$2,417.14	Rent arrears due as of 26 August 2023
Water rates	$298.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$495.84
Total payable by Tenant to Landlord	$495.84

Claims and awards for application 4559656 — net $495.84 NZD. Verify on MoJ.

Rent arrears due as of 26 August 2023

Amount: $2,417.14
Awarded to: Landlord
Reason: Rent arrears due as of 26 August 2023

Water rates

Amount: $298.26
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $495.84

Total payable by Tenant to Landlord

Landlord $495.84

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 names and identifying details.
The tenancy of Danielle Brown at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], as follows: a. If the tenant makes the rent payment due on Tuesday 22 August 2023, then the tenancy will terminate at 9:00am on Sunday 27 August 2023; alternately b. If the tenant fails to make the rent payment due on Tuesday 22 August 2023, then the tenancy will terminate on 23 August 2023.
The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Danielle Brown must pay [The landlord/s] $495.84 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears due as of 26 August 2023$2,417.14 Water rates$298.26 Filing fee reimbursement$20.44 Total award$2,735.84 Minus bond-$2,240.00 Total payable by Tenant to Landlord$495.84

Reasons

Only the landlord attended the hearing. I am satisfied that the tenant has been notified of the hearing, so I will proceed to consider the matter in her absence.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
However, even if that were not the case, I would have ordered a termination of the tenancy on the basis of section 56.
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 tenant has breached their obligations by failing to pay rent as it fell due.
The landlord served two 14-day notice on the tenant in March and April 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the tenant is not paying rental as it falls due, the period over which the arrears have remained have been extensive, and finally I have no confidence that if I were to decline termination of the tenancy, the tenant would not continue failing to pay rent.
The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered above.

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 4559656 — net $495.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears due as of 26 August 2023	$2,417.14	Rent arrears due as of 26 August 2023
Water rates	$298.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$495.84
Total payable by Tenant to Landlord	$495.84

Claims and awards for application 4559656 — net $495.84 NZD. Verify on MoJ.

Rent arrears due as of 26 August 2023

Amount: $2,417.14
Awarded to: Landlord
Reason: Rent arrears due as of 26 August 2023

Water rates

Amount: $298.26
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Net award

Landlord $495.84

Total payable by Tenant to Landlord

Landlord $495.84

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 names and identifying details.
The tenancy of Danielle Brown at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], as follows: a. If the tenant makes the rent payment due on Tuesday 22 August 2023, then the tenancy will terminate at 9:00am on Sunday 27 August 2023; alternately b. If the tenant fails to make the rent payment due on Tuesday 22 August 2023, then the tenancy will terminate on 23 August 2023.
The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Danielle Brown must pay [The landlord/s] $495.84 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears due as of 26 August 2023$2,417.14 Water rates$298.26 Filing fee reimbursement$20.44 Total award$2,735.84 Minus bond-$2,240.00 Total payable by Tenant to Landlord$495.84

Reasons

Only the landlord attended the hearing. I am satisfied that the tenant has been notified of the hearing, so I will proceed to consider the matter in her absence.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
However, even if that were not the case, I would have ordered a termination of the tenancy on the basis of section 56.
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 tenant has breached their obligations by failing to pay rent as it fell due.
The landlord served two 14-day notice on the tenant in March and April 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the tenant is not paying rental as it falls due, the period over which the arrears have remained have been extensive, and finally I have no confidence that if I were to decline termination of the tenancy, the tenant would not continue failing to pay rent.
The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered above.

Tenancy Tribunal case 4559656 — Rent arrears

At a glance

Tenancy Tribunal case 4559656 — 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