How much money was awarded in case 4640329?

Electrician Call Out Fee (Faulty Mut…: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,193.43 awarded to landlord

What type of tenancy dispute was case 4640329?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4640329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9423986-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4640329?

Electrician Call Out Fee (Faulty Mut…: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,193.43 awarded to landlord

What type of tenancy dispute was case 4640329?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4640329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9423986-Tribunal_Order_Redacted.pdf.

Unit/Flat 6, 316 Evans Bay Parade, Hataitai, Wellington Tenancy Tribunal Case 4640329 — Rent arrears

Q: What was Tenancy Tribunal case 4640329 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 4640329 — net $2,386.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (up to 17 September 2023	$2,193.43	Rent arrears (up to 17 September 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Electrician call out fee (faulty muti box that caused RCD issues	$172.50	Electrician call out fee (faulty muti box that caused RCD issues
Net award	$2,386.37
Total payable by Tenant to Landlord	$2,386.37

An application for suppression has been made in this case, and the Tribunal orders suppression of both the tenant and the landlord’s name and identifying details. The landlord requested that tenant’s name be suppressed, as this is a social housing situation where the rent arrears incurred have not been due to any fault of the tenant. The public interest does not outweigh the significant duress publishing the landlord believes publishing the tenant’s name could result in. The landlord, being the wholly successful party is entitled to name suppression.

The tenant owes the landlord the amounts owing in the table below (“the debt”).

If the tenant fails to pay the full debt of $2,386.37 on 22 September 2023: a. The tenancy at Unit/Flat 6, 316 Evans Bay Parade, Hataitai, Wellington 6021 will terminate and the landlord will have immediate possession of the premises; and b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for: a. Conditional termination of the tenancy; b. Payment of rent arrears owing up to 17 September 2023 within 5 working days (22 September 2023) and has provided rent records that prove the amount owing; c. Reimbursement of the filing fee; and d. Reimbursement for an electrician call out fee the tenant incurred because of a faulty multi-box causing RCD issues.

The tenant wants to repay the full debt to avoid termination of her tenancy in 5 working days, but has recently lost her job and is fully reliant on the Ministry of Social Development (MSD) and Work and Income (WINZ) for firstly undertaking a rent review and secondly paying the full debt amount to the landlord.

The tenant is working with MSD to fast track her rent review and to get MSD/WINZ to agree to repay the full debt o or by 22 September 2023.

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 arrears owed. The landlord has served a 14-day notice on the tenant but the breach was not remedied within the required period as the tenant had lost her job and was unable to make payment until she could secure government support. It would be inequitable to refuse to terminate the tenancy if the rent arrears are not paid in full by 22 September 2023. It is envisaged by the parties that MSD will be able to fast track the required rent review and assist the repayment of the debt in this time.

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 if MSD and WINZ can fast track the assistance she has requested. With MSD and WINZ support, the tenant 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 [the landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4640329 — net $2,386.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (up to 17 September 2023	$2,193.43	Rent arrears (up to 17 September 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Electrician call out fee (faulty muti box that caused RCD issues	$172.50	Electrician call out fee (faulty muti box that caused RCD issues
Net award	$2,386.37
Total payable by Tenant to Landlord	$2,386.37

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both the tenant and the landlord’s name and identifying details. The landlord requested that tenant’s name be suppressed, as this is a social housing situation where the rent arrears incurred have not been due to any fault of the tenant. The public interest does not outweigh the significant duress publishing the landlord believes publishing the tenant’s name could result in. The landlord, being the wholly successful party is entitled to name suppression.
The tenant owes the landlord the amounts owing in the table below (“the debt”).
If the tenant fails to pay the full debt of $2,386.37 on 22 September 2023: a. The tenancy at Unit/Flat 6, 316 Evans Bay Parade, Hataitai, Wellington 6021 will terminate and the landlord will have immediate possession of the premises; and b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for: a. Conditional termination of the tenancy; b. Payment of rent arrears owing up to 17 September 2023 within 5 working days (22 September 2023) and has provided rent records that prove the amount owing; c. Reimbursement of the filing fee; and d. Reimbursement for an electrician call out fee the tenant incurred because of a faulty multi-box causing RCD issues.
The tenant wants to repay the full debt to avoid termination of her tenancy in 5 working days, but has recently lost her job and is fully reliant on the Ministry of Social Development (MSD) and Work and Income (WINZ) for firstly undertaking a rent review and secondly paying the full debt amount to the landlord.
The tenant is working with MSD to fast track her rent review and to get MSD/WINZ to agree to repay the full debt o or by 22 September 2023.

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 arrears owed. The landlord has served a 14-day notice on the tenant but the breach was not remedied within the required period as the tenant had lost her job and was unable to make payment until she could secure government support. It would be inequitable to refuse to terminate the tenancy if the rent arrears are not paid in full by 22 September 2023. It is envisaged by the parties that MSD will be able to fast track the required rent review and assist the repayment of the debt in this time.
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 if MSD and WINZ can fast track the assistance she has requested. With MSD and WINZ support, the tenant 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 [the landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4640329 — Rent arrears at Unit/Flat 6, 316 Evans Bay Parade, Hataitai, Wellington

At a glance

Tenancy Tribunal case 4640329 — Rent arrears at Unit/Flat 6, 316 Evans Bay Parade, Hataitai, Wellington

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