How much money was awarded in case 4609869?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,450.00 awarded to landlord

What type of tenancy dispute was case 4609869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4609869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9254200-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4609869?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,450.00 awarded to landlord

What type of tenancy dispute was case 4609869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4609869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9254200-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4609869 — Rent arrears

Q: What was Tenancy Tribunal case 4609869 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 4609869 — net $1,470.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,450.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,470.44
Total payable by Tenant to Landlord	$1,470.44

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

Anne-Marie Peneueta Feagaiga owes [The landlord/s] $1,470.44 (“the debt”).

Anne-Marie Peneueta Feagaiga must pay rent and the debt as follows: a. By 14 weekly payments of $730.00, being $630.00 for rent and $100.00 for the debt. b. A final payment of $700.44, being $630.00 for rent and $70.44 for the debt. c. Payments will be every Tuesday, with the first payment on 08/08/2023 and continuing until 14/11/2023.

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 [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

Both parties attended this remote teleconference hearing.

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?

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. 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. See section 56(1) Residential Tenancies Act 1986.

The tenant breached their obligations by failing to pay rent on time. On 27 April 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the rent has been consistently in arrears for a long time.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

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.

As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord details s ordered. The tenant has not been wholly or substantially successful in this matter and the application for suppression of the tenant details is dismissed.

Claims and awards in Tenancy Tribunal application 4609869 — net $1,470.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,450.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,470.44
Total payable by Tenant to Landlord	$1,470.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Anne-Marie Peneueta Feagaiga owes [The landlord/s] $1,470.44 (“the debt”).
Anne-Marie Peneueta Feagaiga must pay rent and the debt as follows: a. By 14 weekly payments of $730.00, being $630.00 for rent and $100.00 for the debt. b. A final payment of $700.44, being $630.00 for rent and $70.44 for the debt. c. Payments will be every Tuesday, with the first payment on 08/08/2023 and continuing until 14/11/2023.
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 [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

Both parties attended this remote teleconference hearing.
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?

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. 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. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent on time. On 27 April 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the rent has been consistently in arrears for a long time.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
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.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord details s ordered. The tenant has not been wholly or substantially successful in this matter and the application for suppression of the tenant details is dismissed.

Tenancy Tribunal case 4609869 — Rent arrears

At a glance

Tenancy Tribunal case 4609869 — 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