What was Tenancy Tribunal case 4576061 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 4576061?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $781.57 awarded to landlord

What type of tenancy dispute was case 4576061?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4576061?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9152021-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4576061 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 4576061?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $781.57 awarded to landlord

What type of tenancy dispute was case 4576061?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4576061?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9152021-Tribunal_Order_Redacted.pdf.

15A Elizabeth Street, Tuakau, Tuakau 2121 Tenancy Tribunal Case 4576061 — Rent arrears

Tenantcheck Insights

15A Elizabeth Street, Tuakau, Tuakau 2121 Tenancy Tribunal Case 4576061 — 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 4576061. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$781.57		Rent arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4576061. Verify on MoJ.

Rent arrears

Amount: $781.57
Awarded to: Landlord
Reason: Rent arrears

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $0.00 immediately, as calculated in the table below.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, and reimbursement of the filing fee.

Should the tenancy be terminated?

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 and when it fell due.
The landlord served a 14-day notice on the tenant on 26 April 2023 and the tenant did not remedy the breach within the required period.
However, I do not consider that the tenancy ought to be terminated. This is because at the last hearing it was apparent that the landlord’s rent arrears record was in some disarray and the hearing on that day was adjourned to allow the landlord an opportunity to remedy this situation. Given the uncertainty of the actual amount of rent in arrears at that time, I consider that it would be unfair to terminate the tenancy at this stage. Rent arrears and filing fee
The landlord has provided now provided accurate rent records which prove the amount owing as at today’s date. This amount of $781.57 includes an amount of $400.00 paid last night.
Further to this, because the landlord has largely succeeded in the claim, I am ordering the tenant to reimburse them the filing fee. Suppression
In accordance with s95A of the Residential Tenancies Act 1986 I am suppressing the landlord’s name because the landlord has applied for it and they were substantially successful in their claim.
I am using my discretion to also suppress the tenant’s name because I accept that there was genuine confusion surrounding the amount of rent arrears and the negative impact on the tenant of publication in this case far outweighs any public interest in publication. C ter Haar 06 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 4576061. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$781.57		Rent arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4576061. Verify on MoJ.

Rent arrears

Amount: $781.57
Awarded to: Landlord
Reason: Rent arrears

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $0.00 immediately, as calculated in the table below.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, and reimbursement of the filing fee.

Should the tenancy be terminated?

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 and when it fell due.
The landlord served a 14-day notice on the tenant on 26 April 2023 and the tenant did not remedy the breach within the required period.
However, I do not consider that the tenancy ought to be terminated. This is because at the last hearing it was apparent that the landlord’s rent arrears record was in some disarray and the hearing on that day was adjourned to allow the landlord an opportunity to remedy this situation. Given the uncertainty of the actual amount of rent in arrears at that time, I consider that it would be unfair to terminate the tenancy at this stage. Rent arrears and filing fee
The landlord has provided now provided accurate rent records which prove the amount owing as at today’s date. This amount of $781.57 includes an amount of $400.00 paid last night.
Further to this, because the landlord has largely succeeded in the claim, I am ordering the tenant to reimburse them the filing fee. Suppression
In accordance with s95A of the Residential Tenancies Act 1986 I am suppressing the landlord’s name because the landlord has applied for it and they were substantially successful in their claim.
I am using my discretion to also suppress the tenant’s name because I accept that there was genuine confusion surrounding the amount of rent arrears and the negative impact on the tenant of publication in this case far outweighs any public interest in publication. C ter Haar 06 July 2023

Tenancy Tribunal case 4576061 — Rent arrears at 15A Elizabeth Street, Tuakau, Tuakau 2121

At a glance

Tenancy Tribunal case 4576061 — Rent arrears at 15A Elizabeth Street, Tuakau, Tuakau 2121

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions