How much money was awarded in case 4633198?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord; Rubbish Removal: $724.50 awarded to landlord

What type of tenancy dispute was case 4633198?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4633198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9255793-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4633198?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord; Rubbish Removal: $724.50 awarded to landlord

What type of tenancy dispute was case 4633198?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4633198?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9255793-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4633198 — Rent arrears

Q: What was Tenancy Tribunal case 4633198 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 4633198. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears owing as at 3.8.23	$2,000.00	Rent arrears owing as at 3.8.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rubbish removal	$724.50	Rubbish removal

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

Zanna Gerrard and Kimia Tangimetua owes [The landlord/s] $2,744.94 (“the debt”), as set out in the table below.

Zanna Gerrard and Kimia Tangimetua must pay rent on the date it falls due and the debt in full as follows: a. by making the weekly rent payment due on 8 August 2023 of $500, and b. by making payment of the debt of $2,744.94 on 9 August 2023.

If the tenant fails to pay the rent as ordered above 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.

Reasons

Both parties attended the hearing.

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

The tenant’s partner is in jail, expected to get out of jail soon. This appears to be the reason the tenant has fallen behind in rent.

The tenant wants 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, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

I heard limited evidence from both parties of an unfortunate physical altercation between them. I explained to the parties that I did not have any written information on the file about that. The landlord relies on non-payment of rent as a basis for termination.

The tenant was in a distraught state and accepts she has not yet approached WINZ about securing any funds to meet the arrears.

After discussion with the landlord, it agrees to a conditional termination.

The tenant understands the effect of a conditional termination and will visit WINZ tomorrow to try and obtain funding.

The landlord will drop off a copy of the order made today at her premises so she will have a hard copy to take with her.

I have therefore granted a conditional termination order for a limited period.

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.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing as at today, as ordered above.

The landlord also claims for the cost of rubbish removal. The landlord submitted photographs and an invoice which it claimed the tenant promised to pay. The history is that the neighbour complained to the landlord about the rubbish. The landlord’s evidence is that the tenant agreed to pay for the rubbish to be removed and on that basis, the landlord arranged of that work to be done. The tenant does not challenge any of that evidence.

I am satisfied that the tenant owes the landlord the rubbish removal cost ordered above.

I have refunded the filing fee as the landlord has been successful.

Claims and awards in Tenancy Tribunal application 4633198. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears owing as at 3.8.23	$2,000.00	Rent arrears owing as at 3.8.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rubbish removal	$724.50	Rubbish removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Zanna Gerrard and Kimia Tangimetua owes [The landlord/s] $2,744.94 (“the debt”), as set out in the table below.
Zanna Gerrard and Kimia Tangimetua must pay rent on the date it falls due and the debt in full as follows: a. by making the weekly rent payment due on 8 August 2023 of $500, and b. by making payment of the debt of $2,744.94 on 9 August 2023.
If the tenant fails to pay the rent as ordered above 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.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The tenant’s partner is in jail, expected to get out of jail soon. This appears to be the reason the tenant has fallen behind in rent.
The tenant wants 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, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I heard limited evidence from both parties of an unfortunate physical altercation between them. I explained to the parties that I did not have any written information on the file about that. The landlord relies on non-payment of rent as a basis for termination.
The tenant was in a distraught state and accepts she has not yet approached WINZ about securing any funds to meet the arrears.
After discussion with the landlord, it agrees to a conditional termination.
The tenant understands the effect of a conditional termination and will visit WINZ tomorrow to try and obtain funding.
The landlord will drop off a copy of the order made today at her premises so she will have a hard copy to take with her.
I have therefore granted a conditional termination order for a limited period.
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.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing as at today, as ordered above.
The landlord also claims for the cost of rubbish removal. The landlord submitted photographs and an invoice which it claimed the tenant promised to pay. The history is that the neighbour complained to the landlord about the rubbish. The landlord’s evidence is that the tenant agreed to pay for the rubbish to be removed and on that basis, the landlord arranged of that work to be done. The tenant does not challenge any of that evidence.
I am satisfied that the tenant owes the landlord the rubbish removal cost ordered above.
I have refunded the filing fee as the landlord has been successful.

Tenancy Tribunal case 4633198 — Rent arrears

At a glance

Tenancy Tribunal case 4633198 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions