What was Tenancy Tribunal case 4638729 about?

The tribunal order states: The tenancy of Una Hinewai Heikell at [Tenancy address suppressed] is

How much money was awarded in case 4638729?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,578.57 awarded to landlord

What type of tenancy dispute was case 4638729?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4638729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9621695-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4638729 about?

The tribunal order states: The tenancy of Una Hinewai Heikell at [Tenancy address suppressed] is

How much money was awarded in case 4638729?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,578.57 awarded to landlord

What type of tenancy dispute was case 4638729?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4638729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9621695-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4638729 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4638729 — net $1,493.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 16 November 2023	$1,578.57	Rent arrears (to 16 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,493.01
Total payable by Tenant to Landlord	$1,493.01

The tenancy of Una Hinewai Heikell at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 4pm on Thursday, 16 November 2023.

The Bond Centre is to pay the bond of $106.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Una Hinewai Heikell must pay [The landlord/s] $1,493.01 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 16 November 2023)$1,578.57 Filing fee reimbursement$20.44 Total award$1,599.01 Bond$106.00 Total payable by Tenant to Landlord$1,493.01

Reasons

Both parties attended the hearing which was held by telephone. Ms Heikell was also represented by Counsel.

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

Rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).

Counsel for Ms Heikell argued that the Tribunal should exercise its discretion under s55(1A) RTA to grant a conditional termination order or should refuse termination under s85 RTA.

The legislation is clear. Where rent is 21 days in arrears at the date of the application the tenancy must be terminated or a conditional termination order made, unless the very limited grounds in s55(2) RTA apply. The breach has not been remedied, so s55(2) RTA cannot be considered in this case.

Before making a conditional termination order under s55(1A) RTA, the Tribunal must be satisfied that the tenant will pay any rent arrears within a period specified by the Tribunal and is unlikely to commit a further breach of the same type.

Rent has not been paid since June, despite promises of payments by third parties. Any future rent payments are contingent on the tenant being granted bail (to a different address) and MSD (or some other third party) agreeing to advance funds to the tenant. It is the tenant’s responsibility to pay rent, not MSD’s or any other party. Unfortunately, there is no clear or persuasive evidence that the tenant will be able to pay the outstanding rent within a reasonable timeframe, or at all, or that she is unlikely to commit a further breach of this type.

This is not a situation where the Tribunal can or should refer to s85 RTA to displace the clear legislative direction to terminate the tenancy. Even if I was to consider the merits and justice of the case, they favour the landlord. This is a social housing unit for which rent should be paid, or the unit made available to another tenant.

The tenancy is terminated. However, I have granted the tenant time to arrange for removal of her possessions. The tenancy is terminated at 4pm on Thursday, 16 November 2023.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

As the landlord was the successful party, I have granted reimbursement of the filing fee and granted its request (in the application form) for suppression of its details.

Order

Claims and awards in Tenancy Tribunal application 4638729 — net $1,493.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 16 November 2023	$1,578.57	Rent arrears (to 16 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,493.01
Total payable by Tenant to Landlord	$1,493.01

The tenancy of Una Hinewai Heikell at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 4pm on Thursday, 16 November 2023.

The Bond Centre is to pay the bond of $106.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing which was held by telephone. Ms Heikell was also represented by Counsel.

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

Rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).

Counsel for Ms Heikell argued that the Tribunal should exercise its discretion under s55(1A) RTA to grant a conditional termination order or should refuse termination under s85 RTA.

The tenancy is terminated. However, I have granted the tenant time to arrange for removal of her possessions. The tenancy is terminated at 4pm on Thursday, 16 November 2023.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

As the landlord was the successful party, I have granted reimbursement of the filing fee and granted its request (in the application form) for suppression of its details.

Tenancy Tribunal case 4638729 — Rent arrears

At a glance

Tenancy Tribunal case 4638729 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions