How much money was awarded in case 4641611?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,471.50 awarded to landlord

What type of tenancy dispute was case 4641611?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4641611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9325398-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4641611?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,471.50 awarded to landlord

What type of tenancy dispute was case 4641611?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4641611?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9325398-Tribunal_Order_Redacted.pdf.

31 Kara Street, Kaiti, Gisborne 4010 Tenancy Tribunal Case 4641611 — Rent arrears

Q: What was Tenancy Tribunal case 4641611 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 4641611 — net $2,371.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,471.50	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,371.94
Total payable by Tenant to Landlord	$2,371.94

An application for suppression has been made in this case, and the Tribunal orders suppression of both tenants’ names and identifying details.

[The tenant/s] owes East Coast Realty Ltd T/A Harcourts As Agent For Tom & Chloe Billington-Johnson $3,491.94 (“the debt”), calculated as shown in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $1,030.00, being $820.00 for rent and $210.00 towards the debt, starting on Wednesday 23 August 2023, then on Wednesday 6 September 2023, and continuing every second Wednesday after that, until the debt is repaid in full.

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 31 Kara Street, Kaiti, Gisborne 4010 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 within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Mr Third attended the hearing on behalf of the landlord. [Tenant 1], one of the tenants, attended the hearing. [Tenant 1] believed that [Tenant 2] was sick, though no correspondence was received from [Tenant 2] by the Tribunal requesting an adjournment. [Tenant 1] said [Tenant 2] is no longer living at the property as they separated a while ago. As [Tenant 2] was served, the hearing proceeded in her absence.

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

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have 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 (“RTA”).

Because East Coast Realty Ltd T/A Harcourts As Agent For Tom & Chloe Billington-Johnson has been successful with the claim I must reimburse the filing fee.

The landlord did not request suppression. At the hearing, one of the tenants requested suppression.

Section 95A(4) RTA provides that the Tribunal may, on the application of any party to 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.

The tenant that attended the hearing has negotiated a payment schedule with the landlord to rectify rent arrears and is motivated to retain the tenancy. He said he is employed currently and will arrange for payment of rent and the debt directly from his employer. In the circumstances, I find that the interests of the tenant currently outweigh the public interest in publishing his name. Also, this tenant may be identified by his association with the other tenant. Therefore, I order that both tenants’ names and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4641611 — net $2,371.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,471.50	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,371.94
Total payable by Tenant to Landlord	$2,371.94

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both tenants’ names and identifying details.
[The tenant/s] owes East Coast Realty Ltd T/A Harcourts As Agent For Tom & Chloe Billington-Johnson $3,491.94 (“the debt”), calculated as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $1,030.00, being $820.00 for rent and $210.00 towards the debt, starting on Wednesday 23 August 2023, then on Wednesday 6 September 2023, and continuing every second Wednesday after that, until the debt is repaid in full.
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 31 Kara Street, Kaiti, Gisborne 4010 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 within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Mr Third attended the hearing on behalf of the landlord. [Tenant 1], one of the tenants, attended the hearing. [Tenant 1] believed that [Tenant 2] was sick, though no correspondence was received from [Tenant 2] by the Tribunal requesting an adjournment. [Tenant 1] said [Tenant 2] is no longer living at the property as they separated a while ago. As [Tenant 2] was served, the hearing proceeded in her absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants 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.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have 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 (“RTA”).
Because East Coast Realty Ltd T/A Harcourts As Agent For Tom & Chloe Billington-Johnson has been successful with the claim I must reimburse the filing fee.
The landlord did not request suppression. At the hearing, one of the tenants requested suppression.
Section 95A(4) RTA provides that the Tribunal may, on the application of any party to 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.
The tenant that attended the hearing has negotiated a payment schedule with the landlord to rectify rent arrears and is motivated to retain the tenancy. He said he is employed currently and will arrange for payment of rent and the debt directly from his employer. In the circumstances, I find that the interests of the tenant currently outweigh the public interest in publishing his name. Also, this tenant may be identified by his association with the other tenant. Therefore, I order that both tenants’ names and identifying details are not to be published.

Tenancy Tribunal case 4641611 — Rent arrears at 31 Kara Street, Kaiti, Gisborne 4010

At a glance

Tenancy Tribunal case 4641611 — Rent arrears at 31 Kara Street, Kaiti, Gisborne 4010

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