What was Tenancy Tribunal case 4617869 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4617869?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,089.58 awarded to landlord; Water Rates: $226.25 awarded to landlord

What type of tenancy dispute was case 4617869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4617869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9215247-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4617869 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4617869?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,089.58 awarded to landlord; Water Rates: $226.25 awarded to landlord

What type of tenancy dispute was case 4617869?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4617869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9215247-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4617869 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4617869. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3/8/23	$3,089.58	Rent arrears to 3/8/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$226.25	Water rates

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Sunday 3 September 2023 unless it has been terminated earlier in accordance with order 5.

[The tenant/s] owes [The landlord/s] $3,336.27 (“the debt”), calculated as shown in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By payment of the debt in full of $3,336.27 on or before Wednesday 2 August 2023. b. By payment of rent fortnightly in advance of $1,160.00 on or before every Thursday commencing on Thursday 3 August 2023 (for the rental fortnight commencing 4 August).

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

If [The tenant/s] fails to pay rent and the debt 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.

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties names and identifying details.

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing, as ordered above.

[The tenant/s] consents to the termination but seeks some time to vacate. Accordingly, the termination date of Sunday 3 September 2023 has been agreed upon. However, this termination date is conditional upon [The tenant/s]’s commitment to pay the debt and her rent as follows: i. The full debt is to be paid by next Wednesday the 2 nd of September. [The tenant/s] says this is possible as she is receiving her KiwiSaver withdrawal shortly. ii. Her rent in advance fortnightly (at her request) until the end of the tenancy.

If [The tenant/s] misses any of these payments the landlord is entitled to terminate the tenancy earlier than the agreed date.

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. Filing fee

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Because this order was made by consent it is appropriate that all party details be redacted from the published order.

Claims and awards in Tenancy Tribunal application 4617869. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3/8/23	$3,089.58	Rent arrears to 3/8/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$226.25	Water rates

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11:59pm on Sunday 3 September 2023 unless it has been terminated earlier in accordance with order 5.
[The tenant/s] owes [The landlord/s] $3,336.27 (“the debt”), calculated as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By payment of the debt in full of $3,336.27 on or before Wednesday 2 August 2023. b. By payment of rent fortnightly in advance of $1,160.00 on or before every Thursday commencing on Thursday 3 August 2023 (for the rental fortnight commencing 4 August).
Payments will be allocated in the following order: rent, rent arrears, water rates, and the filing fee.
If [The tenant/s] fails to pay rent and the debt 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.
An application for suppression has been made in this case, and the Tribunal orders suppression of both parties names and identifying details.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing, as ordered above.
[The tenant/s] consents to the termination but seeks some time to vacate. Accordingly, the termination date of Sunday 3 September 2023 has been agreed upon. However, this termination date is conditional upon [The tenant/s]’s commitment to pay the debt and her rent as follows: i. The full debt is to be paid by next Wednesday the 2 nd of September. [The tenant/s] says this is possible as she is receiving her KiwiSaver withdrawal shortly. ii. Her rent in advance fortnightly (at her request) until the end of the tenancy.
If [The tenant/s] misses any of these payments the landlord is entitled to terminate the tenancy earlier than the agreed date.
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. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Because this order was made by consent it is appropriate that all party details be redacted from the published order.

Tenancy Tribunal case 4617869 — Rent arrears

At a glance

Tenancy Tribunal case 4617869 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions