What was Tenancy Tribunal case 4636661 about?

The tribunal order states: Applications for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4636661?

Rent Arrears: $2,533.44 awarded to landlord

What type of tenancy dispute was case 4636661?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4636661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9334128-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4636661 about?

The tribunal order states: Applications for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4636661?

Rent Arrears: $2,533.44 awarded to landlord

What type of tenancy dispute was case 4636661?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4636661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9334128-Tribunal_Order_Redacted.pdf.

55A Parrs Road, Bunnythorpe, RD 10, Palmerston North Tenancy Tribunal Case 4636661 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4636661 — net $2,533.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,533.44	Rent arrears
Net award	$2,533.44
Total payable by Tenant to Landlord	$2,533.44

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

[The tenant/s] owe [The landlord/s] $2,533.44 (“the debt”). This amount takes into account the $680.00 rent that will be paid today, Thursday 24 August 2023.

[The tenant/s] must pay rent and the debt as follows: a. By making a payment of $3,213.00 on Thursday 31 August 2023. This payment comprises $680.00 for rent and $2,533.44 for the debt.

The payment will be allocated in the following order: rent and then rent arrears.

If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 55A Parrs Road, Bunnythorpe, RD 10, Palmerston North 4470 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 which was held by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and payment 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, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

After discussing the claim at today’s hearing I am satisfied the tenants will pay the debt within the period specified in the order and that they are unlikely to commit any further relevant breach. I have therefore granted a conditional termination order.

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.

With regard to suppression of names s95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.

I am granting suppression of the landlord’s name because the landlord was wholly successful – s95A(3).

I am using my discretion under s95A(1) to also suppress the tenants’ names. Suppressing their names was supported by the landlord who considered that the tenants had made a considerable effort to deal with arrears. I also accept that this was just one tenant’s debt, not both, and I consider that in these circumstances it would be unfair to publish the tenants’ names – that is, there is little public interest in publishing their names. C ter Haar 24 August 2023

Claims and awards in Tenancy Tribunal application 4636661 — net $2,533.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,533.44	Rent arrears
Net award	$2,533.44
Total payable by Tenant to Landlord	$2,533.44

Order

Applications for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ and Landlord’s name and identifying details.
[The tenant/s] owe [The landlord/s] $2,533.44 (“the debt”). This amount takes into account the $680.00 rent that will be paid today, Thursday 24 August 2023.
[The tenant/s] must pay rent and the debt as follows: a. By making a payment of $3,213.00 on Thursday 31 August 2023. This payment comprises $680.00 for rent and $2,533.44 for the debt.
The payment will be allocated in the following order: rent and then rent arrears.
If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 55A Parrs Road, Bunnythorpe, RD 10, Palmerston North 4470 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 which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and payment 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, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
After discussing the claim at today’s hearing I am satisfied the tenants will pay the debt within the period specified in the order and that they are unlikely to commit any further relevant breach. I have therefore granted a conditional termination order.
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.
With regard to suppression of names s95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
I am granting suppression of the landlord’s name because the landlord was wholly successful – s95A(3).
I am using my discretion under s95A(1) to also suppress the tenants’ names. Suppressing their names was supported by the landlord who considered that the tenants had made a considerable effort to deal with arrears. I also accept that this was just one tenant’s debt, not both, and I consider that in these circumstances it would be unfair to publish the tenants’ names – that is, there is little public interest in publishing their names. C ter Haar 24 August 2023

Tenancy Tribunal case 4636661 — Rent arrears at 55A Parrs Road, Bunnythorpe, RD 10, Palmerston North

At a glance

Tenancy Tribunal case 4636661 — Rent arrears at 55A Parrs Road, Bunnythorpe, RD 10, Palmerston North

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