What was Tenancy Tribunal case 4632109 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 4632109?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $750.00 awarded to landlord

What type of tenancy dispute was case 4632109?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4632109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9317512-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4632109 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 4632109?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $750.00 awarded to landlord

What type of tenancy dispute was case 4632109?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4632109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9317512-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4632109 — Rent arrears

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New Zealand Tenancy Tribunal Case 4632109 — 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 4632109 — net $770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23/8/23	$750.00	Rent arrears to 23/8/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$770.44
Total payable by Tenant to Landlord	$770.44

Claims and awards for application 4632109 — net $770.44 NZD. Verify on MoJ.

Rent arrears to 23/8/23

Amount: $750.00
Awarded to: Landlord
Reason: Rent arrears to 23/8/23

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $770.44

Total payable by Tenant to Landlord

Landlord $770.44

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 name and identifying details.
[The tenant/s] owes [The landlord/s] $770.44 (“the debt”) in accordance with the following table:
[The tenant/s] must pay rent and the debt as follows: a. By 3 weekly payments of $950.00, being $750.00 for rent and $200.00 for the debt. b. A final payment of $920.44, being $750.00 for rent and $170.44 for the debt. c. Payments will be every Wednesday, with the first payment on 23/08/2023 and continuing until 13/09/2023.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenants fail 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference. [The landlord’s representative] represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, as it was here, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach because this situation has arisen from issues the tenants are having with their bank. They have made considerable payments to address the arrears despite it appearing on their bank statement that they have already made the payments. They have an appointment to resolve the discrepancies with their bank on Wednesday and hopefully that will be successful to ensure it does not occur again.
Accordingly, I have granted a conditional termination order. The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

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 4632109 — net $770.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23/8/23	$750.00	Rent arrears to 23/8/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$770.44
Total payable by Tenant to Landlord	$770.44

Claims and awards for application 4632109 — net $770.44 NZD. Verify on MoJ.

Rent arrears to 23/8/23

Amount: $750.00
Awarded to: Landlord
Reason: Rent arrears to 23/8/23

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $770.44

Total payable by Tenant to Landlord

Landlord $770.44

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 name and identifying details.
[The tenant/s] owes [The landlord/s] $770.44 (“the debt”) in accordance with the following table:
[The tenant/s] must pay rent and the debt as follows: a. By 3 weekly payments of $950.00, being $750.00 for rent and $200.00 for the debt. b. A final payment of $920.44, being $750.00 for rent and $170.44 for the debt. c. Payments will be every Wednesday, with the first payment on 23/08/2023 and continuing until 13/09/2023.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenants fail 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 tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference. [The landlord’s representative] represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, as it was here, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach because this situation has arisen from issues the tenants are having with their bank. They have made considerable payments to address the arrears despite it appearing on their bank statement that they have already made the payments. They have an appointment to resolve the discrepancies with their bank on Wednesday and hopefully that will be successful to ensure it does not occur again.
Accordingly, I have granted a conditional termination order. The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4632109 — Rent arrears

At a glance

Tenancy Tribunal case 4632109 — 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