How much money was awarded in case 4636769?

The Debt”) Being: $685.70 awarded to landlord

What type of tenancy dispute was case 4636769?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4636769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9380272-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4636769?

The Debt”) Being: $685.70 awarded to landlord

What type of tenancy dispute was case 4636769?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4636769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9380272-Tribunal_Order_Redacted.pdf.

3 Gartrell Road, Wigram, Christchurch 8042 Tenancy Tribunal Case 4636769 — Rent arrears

Q: What was Tenancy Tribunal case 4636769 about?

The tribunal order states: The Tribunal orders suppression of the Tenant name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 4636769. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the debt”) being	$685.70		the debt”) being

The Tribunal orders suppression of the Tenant name and identifying details.

[The tenant/s] owes Accommodation Centre Limited As Agent For X Peng $0.00 (“the debt”) being $685.70 for rent arrears, $520 for unpaid bond and $20.44 for the filing fee paid in relation to this application.

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $0.00, being $0.00 for rent and $0.00 for the debt. b. Payments will be every , with the first payment on Wednesday 6 September 2023 and continuing until the debt is paid in full.

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

If the tenant fails to pay rent and rent arrears within 3 working days of the due dates: a. The tenancy at 3 Gartrell Road, Wigram, Christchurch 8042 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 or the bond top up within 3 working days of the due date, the filing fee and outstanding bond will be payable immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears and outstanding 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 the rent. On 29 June 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy due to the nature and extent of the rent arrears. The 14 day notice issued on 29 June was the 6 th that had been issued in relation to outstanding rent. The additional bond has also been a longstanding issue.

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.

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 Accommodation Centre Limited As Agent For X Peng has wholly succeeded with the claim I must reimburse the filing fee.

I have supressed the tenants name as I do not consider the public interest requires that it is published. As noted, further breaches are likely to result in a request for termination and if they occur the public interest would require publication without suppression.

Claims and awards in Tenancy Tribunal application 4636769. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the debt”) being	$685.70		the debt”) being

Order

The Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] owes Accommodation Centre Limited As Agent For X Peng $0.00 (“the debt”) being $685.70 for rent arrears, $520 for unpaid bond and $20.44 for the filing fee paid in relation to this application.
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $0.00, being $0.00 for rent and $0.00 for the debt. b. Payments will be every , with the first payment on Wednesday 6 September 2023 and continuing until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears, bond outstanding and the filing fee.
If the tenant fails to pay rent and rent arrears within 3 working days of the due dates: a. The tenancy at 3 Gartrell Road, Wigram, Christchurch 8042 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 or the bond top up within 3 working days of the due date, the filing fee and outstanding bond will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and outstanding 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 the rent. On 29 June 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy due to the nature and extent of the rent arrears. The 14 day notice issued on 29 June was the 6 th that had been issued in relation to outstanding rent. The additional bond has also been a longstanding issue.
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.
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 Accommodation Centre Limited As Agent For X Peng has wholly succeeded with the claim I must reimburse the filing fee.
I have supressed the tenants name as I do not consider the public interest requires that it is published. As noted, further breaches are likely to result in a request for termination and if they occur the public interest would require publication without suppression.

Tenancy Tribunal case 4636769 — Rent arrears at 3 Gartrell Road, Wigram, Christchurch 8042

At a glance

Tenancy Tribunal case 4636769 — Rent arrears at 3 Gartrell Road, Wigram, Christchurch 8042

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