How much money was awarded in case 4604711?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Water Rates: $472.07 awarded to landlord

What type of tenancy dispute was case 4604711?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4604711?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9296592-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4604711?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Water Rates: $472.07 awarded to landlord

What type of tenancy dispute was case 4604711?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4604711?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9296592-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4604711 — Rent arrears

Q: What was Tenancy Tribunal case 4604711 about?

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

Order

Claims and awards in Tenancy Tribunal application 4604711 — net $1,992.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.00	Rent arrears
Water rates	$472.07	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,992.51
Total payable by Tenant to Landlord	$1,992.51

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

William Paul Nelson and Jason Paul Zebulon Nelson owes [The landlord/s] $1,992.51 (“the debt”), calculated as in the table below.

William Paul Nelson and Jason Paul Zebulon Nelson must pay the debt in one lump sum of $1,992.51 by 5:00pm on Friday 18 August 2023.

Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.

If the tenants fail to pay rent arrears and water rates within 2 working days of the due dates: 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.

If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

[redacted] attended the telephone hearing today for the landlord and Jason Nelson attended on behalf of himself and William Nelson.

The landlord has applied for an order to terminate the tenancy because of the debt owing.

How much is the debt?

The landlord provided an up-to-date rent and water ledger today.

The rent fell behind in May and June 2023 when the employment situation of the tenants changed. Rent has been paid regularly for the last 7 weeks but there is still some to catch up on. The rent arrears are $1,500.00 up to 15 August 2023 (which is just over two weeks of rent). Rent is $700.00 per week.

The tenants were previously paying $20.00 per week towards water rates but this payment stopped in May 2023. There is now $472.07 owing for water.

Did the landlord give a notice to the tenants, and did they pay in time?

The Tribunal can agree to end a tenancy where the rent and water payments are behind as long as the landlord has first given the tenants a written notice that tells them how much is owing and gives them a reasonable time to remedy this (no less than 14 days). See section 56(1) Residential Tenancies Act 1986.

On 29 June 2023, the landlord emailed the tenants a 14-day notice that told them that the rent was in arrears. The rent owing has not been paid within the required period.

Should the tenancy be terminated?

It would be inequitable to refuse a termination order because if there are any more missed payments then the debt will become bigger than the bond. This will put the landlord and the tenants under more financial stress.

The tenants proposed to pay extra every week to avoid the tenancy ending. The landlord agreed to this, but I do not think that this is affordable for them at the moment.

Instead, I have made an order that the tenants must pay the whole amount of the rent and water owing in one lump sum, or the tenancy will terminate.

The intention is that this is made possible with the assistance of WINZ (and that the tenants will then repay the debt to WINZ).

The tenants will need to:- a. Take this order to WINZ urgently and ask for assistance to pay the debt before 5:00pm this Friday 18 August 2023, and b. Pay the weekly rent of $700.00 which is due every Wednesday, and c. Set up the weekly payment for water rates for the future.

If the debt is not paid by 5:00pm this Friday 18 August 2023, the landlord will have the right to terminate the tenancy if it is still not paid after 2 working days.

The landlord agreed in the hearing that the tenants should contact him immediately if the whole debt cannot be paid at once and he will try to work out a repayment plan.

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.

The landlord has wholly succeeded with the claim so I must also order payment of the filing fee and suppress its name, as applied for.

Claims and awards in Tenancy Tribunal application 4604711 — net $1,992.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.00	Rent arrears
Water rates	$472.07	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,992.51
Total payable by Tenant to Landlord	$1,992.51

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
William Paul Nelson and Jason Paul Zebulon Nelson owes [The landlord/s] $1,992.51 (“the debt”), calculated as in the table below.
William Paul Nelson and Jason Paul Zebulon Nelson must pay the debt in one lump sum of $1,992.51 by 5:00pm on Friday 18 August 2023.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenants fail to pay rent arrears and water rates within 2 working days of the due dates: 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.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

[redacted] attended the telephone hearing today for the landlord and Jason Nelson attended on behalf of himself and William Nelson.
The landlord has applied for an order to terminate the tenancy because of the debt owing.

How much is the debt?

The landlord provided an up-to-date rent and water ledger today.
The rent fell behind in May and June 2023 when the employment situation of the tenants changed. Rent has been paid regularly for the last 7 weeks but there is still some to catch up on. The rent arrears are $1,500.00 up to 15 August 2023 (which is just over two weeks of rent). Rent is $700.00 per week.
The tenants were previously paying $20.00 per week towards water rates but this payment stopped in May 2023. There is now $472.07 owing for water.

Did the landlord give a notice to the tenants, and did they pay in time?

The Tribunal can agree to end a tenancy where the rent and water payments are behind as long as the landlord has first given the tenants a written notice that tells them how much is owing and gives them a reasonable time to remedy this (no less than 14 days). See section 56(1) Residential Tenancies Act 1986.
On 29 June 2023, the landlord emailed the tenants a 14-day notice that told them that the rent was in arrears. The rent owing has not been paid within the required period.

Should the tenancy be terminated?

It would be inequitable to refuse a termination order because if there are any more missed payments then the debt will become bigger than the bond. This will put the landlord and the tenants under more financial stress.
The tenants proposed to pay extra every week to avoid the tenancy ending. The landlord agreed to this, but I do not think that this is affordable for them at the moment.
Instead, I have made an order that the tenants must pay the whole amount of the rent and water owing in one lump sum, or the tenancy will terminate.
The intention is that this is made possible with the assistance of WINZ (and that the tenants will then repay the debt to WINZ).
The tenants will need to:- a. Take this order to WINZ urgently and ask for assistance to pay the debt before 5:00pm this Friday 18 August 2023, and b. Pay the weekly rent of $700.00 which is due every Wednesday, and c. Set up the weekly payment for water rates for the future.
If the debt is not paid by 5:00pm this Friday 18 August 2023, the landlord will have the right to terminate the tenancy if it is still not paid after 2 working days.
The landlord agreed in the hearing that the tenants should contact him immediately if the whole debt cannot be paid at once and he will try to work out a repayment plan.
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.
The landlord has wholly succeeded with the claim so I must also order payment of the filing fee and suppress its name, as applied for.

Tenancy Tribunal case 4604711 — Rent arrears

At a glance

Tenancy Tribunal case 4604711 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is the debt?

Did the landlord give a notice to the tenants, and did they pay in time?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is the debt?

Did the landlord give a notice to the tenants, and did they pay in time?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions