How much money was awarded in case 4617891?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Water Rates: $276.04 awarded to landlord

What type of tenancy dispute was case 4617891?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4617891?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9269930-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4617891?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Water Rates: $276.04 awarded to landlord

What type of tenancy dispute was case 4617891?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4617891?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9269930-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4617891 — Rent arrears

Q: What was Tenancy Tribunal case 4617891 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 4617891 — net $2,096.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,800.00	4. The tenant breached their obligations by failing to pay rent on time and in full, and failing to pay the water rates.
Water rates	$276.04	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,096.48
Total payable by Tenant to Landlord	$2,096.48

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

Tom Tagialao and Emma Tuivaiti owes [The landlord/s] $2,096.48 (“the debt”).

Tom Tagialao and Emma Tuivaiti must pay rent and the debt as follows: a. By weekly payments of $600.00;and b. Four Fortnightly payments of $1,100.00, being $600.00 for rent and $500.00 for the debt. c. A final payment of $696.48, being $600.00 for rent and $96.48 for the debt. d. The first rent only payment is due on Tuesday 8 August 2023. e. The first combined rent and debt repayment is due on Tuesday 15 August 2023. f. The final combined payment is due on 15/08/2023

Payments will be allocated in the following order: rent, rent arrears, water rates 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 tenants were represented by their daughter Lesley due to language difficulties.

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 and in full, and failing to pay the water rates. On 28 June 2023 the landlord served a 14- day notice on the tenant for rent arrears but the breach was not remedied within the required period. On 26 June 2023 the landlord served a 14-day notice on the tenant for water rates arrears but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the situation with rent and water rates arrears has been ongoing for a long period of time.

The tenant has been served with recidivist rent arrears notices by the landlord.

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. I went to some lengths to make sure that the tenant understood the terms of the conditional order and the consequences of failing to comply. The outcome is now in the tenant’s hands.

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 tenants 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 is ordered. The tenant has not been wholly or substantially successful and the application for suppression of the tenant details is dismissed.

Claims and awards in Tenancy Tribunal application 4617891 — net $2,096.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,800.00	4. The tenant breached their obligations by failing to pay rent on time and in full, and failing to pay the water rates.
Water rates	$276.04	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,096.48
Total payable by Tenant to Landlord	$2,096.48

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Tom Tagialao and Emma Tuivaiti owes [The landlord/s] $2,096.48 (“the debt”).
Tom Tagialao and Emma Tuivaiti must pay rent and the debt as follows: a. By weekly payments of $600.00;and b. Four Fortnightly payments of $1,100.00, being $600.00 for rent and $500.00 for the debt. c. A final payment of $696.48, being $600.00 for rent and $96.48 for the debt. d. The first rent only payment is due on Tuesday 8 August 2023. e. The first combined rent and debt repayment is due on Tuesday 15 August 2023. f. The final combined payment is due on 15/08/2023
Payments will be allocated in the following order: rent, rent arrears, water rates 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 tenants were represented by their daughter Lesley due to language difficulties.
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 and in full, and failing to pay the water rates. On 28 June 2023 the landlord served a 14- day notice on the tenant for rent arrears but the breach was not remedied within the required period. On 26 June 2023 the landlord served a 14-day notice on the tenant for water rates arrears but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the situation with rent and water rates arrears has been ongoing for a long period of time.
The tenant has been served with recidivist rent arrears notices by the landlord.
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. I went to some lengths to make sure that the tenant understood the terms of the conditional order and the consequences of failing to comply. The outcome is now in the tenant’s hands.
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 tenants 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 is ordered. The tenant has not been wholly or substantially successful and the application for suppression of the tenant details is dismissed.

Tenancy Tribunal case 4617891 — Rent arrears

At a glance

Tenancy Tribunal case 4617891 — 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