How much money was awarded in case 4650969?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $696.40 awarded to landlord

What type of tenancy dispute was case 4650969?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4650969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9458037-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4650969?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $696.40 awarded to landlord

What type of tenancy dispute was case 4650969?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4650969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9458037-Tribunal_Order_Redacted.pdf.

35A Landing Road, Kerikeri, Kerikeri 0230 Tenancy Tribunal Case 4650969 — Rent arrears

Q: What was Tenancy Tribunal case 4650969 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 4650969 — net $716.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27.9.2023	$696.40	Rent arrears to 27.9.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$716.84
Total payable by Tenant to Landlord	$716.84

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

[The tenant/s] owes [The landlord/s] $716.84 (“the debt”), calculated as shown in the table below

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $465.00, being $315.00 for rent and $150.00 towards the debt. b. Payments will be every Tuesday, starting on Tuesday 26 September 2023, and continuing every Tuesday until the debt is repaid.

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 35A Landing Road, Kerikeri, Kerikeri 0230 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

[The landlord’s representative] attended the hearing by teleconference on behalf of the landlord. [The tenant/s], the tenant, also attended the hearing by teleconference.

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. The landlord is open to a conditional termination order being made.

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 [The landlord/s] has been successful with the claim I must reimburse the filing fee.

Both the landlord and the tenant requested name suppression. The landlord has been successful with the claim so is entitled to suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.

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.

From the evidence provided, the tenant lost his job and his phone and experienced some difficulties as a result. He has recently been provided with a job seeker’s benefit and new phone. The tenant arranged to start paying off rent arrears several months ago with the landlord and reduced that debt before losing his job. He was very apologetic about the issue and is keen to repay the debt consistently and maintain his tenancy. Based on the evidence and in the circumstances, I find that the tenant’s interests outweigh the public interest in publishing his name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4650969 — net $716.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27.9.2023	$696.40	Rent arrears to 27.9.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$716.84
Total payable by Tenant to Landlord	$716.84

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s and tenant’s names and identifying details.
[The tenant/s] owes [The landlord/s] $716.84 (“the debt”), calculated as shown in the table below
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $465.00, being $315.00 for rent and $150.00 towards the debt. b. Payments will be every Tuesday, starting on Tuesday 26 September 2023, and continuing every Tuesday until the debt is repaid.
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 35A Landing Road, Kerikeri, Kerikeri 0230 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

[The landlord’s representative] attended the hearing by teleconference on behalf of the landlord. [The tenant/s], the tenant, also attended the hearing by teleconference.
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. The landlord is open to a conditional termination order being made.

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 [The landlord/s] has been successful with the claim I must reimburse the filing fee.
Both the landlord and the tenant requested name suppression. The landlord has been successful with the claim so is entitled to suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.
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.
From the evidence provided, the tenant lost his job and his phone and experienced some difficulties as a result. He has recently been provided with a job seeker’s benefit and new phone. The tenant arranged to start paying off rent arrears several months ago with the landlord and reduced that debt before losing his job. He was very apologetic about the issue and is keen to repay the debt consistently and maintain his tenancy. Based on the evidence and in the circumstances, I find that the tenant’s interests outweigh the public interest in publishing his name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Tenancy Tribunal case 4650969 — Rent arrears at 35A Landing Road, Kerikeri, Kerikeri 0230

At a glance

Tenancy Tribunal case 4650969 — Rent arrears at 35A Landing Road, Kerikeri, Kerikeri 0230

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