How much money was awarded in case 4637551?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,700.00 awarded to landlord

What type of tenancy dispute was case 4637551?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4637551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9425936-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4637551?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,700.00 awarded to landlord

What type of tenancy dispute was case 4637551?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4637551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9425936-Tribunal_Order_Redacted.pdf.

36 Waipounamu Drive, Kelson, Lower Hutt 5010 Tenancy Tribunal Case 4637551 — Rent arrears

Q: What was Tenancy Tribunal case 4637551 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 4637551 — net $1,720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,700.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,720.44
Total payable by Tenant to Landlord	$1,720.44

An application 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] $1,720.44 (“the debt”), as calculated in the table below.

[The tenant/s] must pay rent and the debt as follows: a. By paying $1720.44 by Tuesday 26 September 2023.

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

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 36 Waipounamu Drive, Kelson, Lower Hutt 5010 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 has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond. The tenants want 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 rent as and when it fell due. On 28 August 2023 the landlord served a 14-day notice on the tenants but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because since then only half the rent has been paid per week and as a result rent arrears are increasing.

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 breach. I have therefore granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

It appears that one tenant’s WINZ payments have not been redirected as expected and the tenants are confident that this issue can be sorted by 26 September 2023.

The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Further to the rent arrears, because the landlord has wholly succeeded with the claim, I must order the tenants to reimburse them the filing fee.

Section 95A 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 have ordered suppression of the landlord’s name because they have applied for it and were fully successful in their claim against the tenants s95A(3).

On my own initiative and with the support of the landlord, I have also ordered suppression of the tenants’ names. This is because the rent arrears seem to be the result of mishaps rather than a deliberate non-payment. C ter Haar 18 September 2023

Claims and awards in Tenancy Tribunal application 4637551 — net $1,720.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,700.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,720.44
Total payable by Tenant to Landlord	$1,720.44

Order

An application 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] $1,720.44 (“the debt”), as calculated in the table below.
[The tenant/s] must pay rent and the debt as follows: a. By paying $1720.44 by Tuesday 26 September 2023.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 36 Waipounamu Drive, Kelson, Lower Hutt 5010 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 has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond. The tenants want 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 rent as and when it fell due. On 28 August 2023 the landlord served a 14-day notice on the tenants but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because since then only half the rent has been paid per week and as a result rent arrears are increasing.
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 breach. I have therefore granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
It appears that one tenant’s WINZ payments have not been redirected as expected and the tenants are confident that this issue can be sorted by 26 September 2023.
The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Further to the rent arrears, because the landlord has wholly succeeded with the claim, I must order the tenants to reimburse them the filing fee.
Section 95A 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 have ordered suppression of the landlord’s name because they have applied for it and were fully successful in their claim against the tenants s95A(3).
On my own initiative and with the support of the landlord, I have also ordered suppression of the tenants’ names. This is because the rent arrears seem to be the result of mishaps rather than a deliberate non-payment. C ter Haar 18 September 2023

Tenancy Tribunal case 4637551 — Rent arrears at 36 Waipounamu Drive, Kelson, Lower Hutt 5010

At a glance

Tenancy Tribunal case 4637551 — Rent arrears at 36 Waipounamu Drive, Kelson, Lower Hutt 5010

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