What was Tenancy Tribunal case 4635660 about?

The tribunal order states: [The tenant/s] owe [The landlord/s] $1,355.50 (“the debt”) in accordance with

How much money was awarded in case 4635660?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $630.00 awarded to landlord; Water Rates: $705.06 awarded to landlord

What type of tenancy dispute was case 4635660?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635660?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9331433-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4635660 about?

The tribunal order states: [The tenant/s] owe [The landlord/s] $1,355.50 (“the debt”) in accordance with

How much money was awarded in case 4635660?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $630.00 awarded to landlord; Water Rates: $705.06 awarded to landlord

What type of tenancy dispute was case 4635660?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4635660?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9331433-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4635660 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4635660 — net $1,355.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/8/23	$630.00	Rent arrears to 20/8/23
Water rates to 23/8/23	$705.06	Water rates to 23/8/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,355.50
Total payable by Tenant to Landlord	$1,355.50

[The tenant/s] owe [The landlord/s] $1,355.50 (“the debt”) in accordance with the following table:

[The tenant/s] must pay the debt by Friday 1 September 2023.

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

If the tenants fail to pay the rent and water rates arrears within 2 working days of 1 September 2023: 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.

The Tribunal orders suppression of the Tenant and Landlord names and identifying details.

Reasons

Both parties attended the hearing which was held by teleconference. [The landlord’s representative] represented the landlord and [The tenant’s representative] represented the tenants.

The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination because she says that the debt was incurred by a mess up at Work and Income New Zealand (WINZ).

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 tenants breached their obligations by failing to pay the rent arrears and water rates. On 28 June and 16 May the landlord served two 14-day notices on the tenants, but the breaches were not remedied within the required periods. It would be inequitable to refuse to terminate the tenancy because the rent arrears have been outstanding since November 2022 and the water rates have not been paid during the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further breaches. I come to this finding because WINZ pays the rent by redirection so the rent arrears should not accrue again. Further, if WINZ assists the tenants with their water rates (they have not to date but there does not appear to be any reason they cannot) those arrears should not accrue either.

Accordingly, I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. The tenants should provide this order to WINZ as a matter of urgency to obtain some assistance in order that they not lose their tenancy.

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.

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

Because this order is made by consent, it is appropriate that the party details are redacted from the published order.

Claims and awards in Tenancy Tribunal application 4635660 — net $1,355.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/8/23	$630.00	Rent arrears to 20/8/23
Water rates to 23/8/23	$705.06	Water rates to 23/8/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,355.50
Total payable by Tenant to Landlord	$1,355.50

Order

[The tenant/s] owe [The landlord/s] $1,355.50 (“the debt”) in accordance with the following table:
[The tenant/s] must pay the debt by Friday 1 September 2023.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenants fail to pay the rent and water rates arrears within 2 working days of 1 September 2023: 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.
The Tribunal orders suppression of the Tenant and Landlord names and identifying details.

Reasons

Both parties attended the hearing which was held by teleconference. [The landlord’s representative] represented the landlord and [The tenant’s representative] represented the tenants.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination because she says that the debt was incurred by a mess up at Work and Income New Zealand (WINZ).

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 tenants breached their obligations by failing to pay the rent arrears and water rates. On 28 June and 16 May the landlord served two 14-day notices on the tenants, but the breaches were not remedied within the required periods. It would be inequitable to refuse to terminate the tenancy because the rent arrears have been outstanding since November 2022 and the water rates have not been paid during the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further breaches. I come to this finding because WINZ pays the rent by redirection so the rent arrears should not accrue again. Further, if WINZ assists the tenants with their water rates (they have not to date but there does not appear to be any reason they cannot) those arrears should not accrue either.
Accordingly, I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. The tenants should provide this order to WINZ as a matter of urgency to obtain some assistance in order that they not lose their tenancy.
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.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because this order is made by consent, it is appropriate that the party details are redacted from the published order.

Tenancy Tribunal case 4635660 — Rent arrears

At a glance

Tenancy Tribunal case 4635660 — 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