What was Tenancy Tribunal case 4653809 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4653809?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,015.14 awarded to landlord; Rent Payable 1 - 21 October 2023: $234.00 awarded to landlord

What type of tenancy dispute was case 4653809?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4653809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9461067-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4653809 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4653809?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,015.14 awarded to landlord; Rent Payable 1 - 21 October 2023: $234.00 awarded to landlord

What type of tenancy dispute was case 4653809?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4653809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9461067-Tribunal_Order_Redacted.pdf.

Unit/Flat 4, 9 Chelsea Avenue, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4653809 — Rent arrears

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Unit/Flat 4, 9 Chelsea Avenue, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4653809 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4653809 — net $2,269.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent and rent arrears to 30 September 2023	$2,015.14	Rent and rent arrears to 30 September 2023
Rent payable 1 - 21 October 2023	$234.00	Rent payable 1 - 21 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,269.58
Total payable by Tenant to Landlord	$2,269.58

Claims and awards for application 4653809 — net $2,269.58 NZD. Verify on MoJ.

Rent and rent arrears to 30 September 2023

Amount: $2,015.14
Awarded to: Landlord
Reason: Rent and rent arrears to 30 September 2023

Rent payable 1 - 21 October 2023

Amount: $234.00
Awarded to: Landlord
Reason: Rent payable 1 - 21 October 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,269.58

Total payable by Tenant to Landlord

Landlord $2,269.58

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.
[The tenant/s] owes [The landlord/s] $2,269.58 (“the debt”), calculated as shown in the table below.
[The tenant/s] must pay the debt by way of lump sum payment no later than 20 October 2023.
If the tenant fails to pay the debt within 2 working days of the due date: a. The tenancy at Unit/Flat 4, 9 Chelsea Avenue, Otahuhu, Auckland 1062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

This hearing was conducted remotely. [The landlord’s representative/s] attended on behalf of the landlord.
Multiple attempts were made to contact the tenant on the number provided but the calls went unanswered. I am satisfied that the tenant had notice of the time and date of the hearing therefore the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy and an order for rent arrears. Rent Arrears
The landlord has provided rent records that prove the amount owing. The rent summary provided shows arrears in the amount of $2,015.14 up to the end of this week (30 September 2023).
The amount ordered is proved.

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.
The rent summary has established that the tenant owes in excess of 21 days’ rent.
The landlord in this case is a social housing provider. I queried whether in this situation something more could not be done to assist the tenant to ensure he remains in his home. In particular, whether it may be possible for WINZ to assist the tenant to ensure that his tenancy is not terminated.
The landlord advised that if a conditional termination order was made, that would give the tenant some incentive to make an appointment with WINZ and would further enable WINZ to take steps to assist the tenant with the arrears that are outstanding.
I have therefore allowed the tenant approximately one month, to 20 October 2023, to pay the debt to avoid termination.
The debt as outlined includes rent that will be payable up to 21 October 2023.
I also direct the tenant to ensure that going forward, his rent payments are redirected directly to the landlord from his benefit. This will avoid problems in future.
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.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. J R Smith 26 September 2023

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4653809 — net $2,269.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent and rent arrears to 30 September 2023	$2,015.14	Rent and rent arrears to 30 September 2023
Rent payable 1 - 21 October 2023	$234.00	Rent payable 1 - 21 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,269.58
Total payable by Tenant to Landlord	$2,269.58

Claims and awards for application 4653809 — net $2,269.58 NZD. Verify on MoJ.

Rent and rent arrears to 30 September 2023

Amount: $2,015.14
Awarded to: Landlord
Reason: Rent and rent arrears to 30 September 2023

Rent payable 1 - 21 October 2023

Amount: $234.00
Awarded to: Landlord
Reason: Rent payable 1 - 21 October 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,269.58

Total payable by Tenant to Landlord

Landlord $2,269.58

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.
[The tenant/s] owes [The landlord/s] $2,269.58 (“the debt”), calculated as shown in the table below.
[The tenant/s] must pay the debt by way of lump sum payment no later than 20 October 2023.
If the tenant fails to pay the debt within 2 working days of the due date: a. The tenancy at Unit/Flat 4, 9 Chelsea Avenue, Otahuhu, Auckland 1062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

This hearing was conducted remotely. [The landlord’s representative/s] attended on behalf of the landlord.
Multiple attempts were made to contact the tenant on the number provided but the calls went unanswered. I am satisfied that the tenant had notice of the time and date of the hearing therefore the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy and an order for rent arrears. Rent Arrears
The landlord has provided rent records that prove the amount owing. The rent summary provided shows arrears in the amount of $2,015.14 up to the end of this week (30 September 2023).
The amount ordered is proved.

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.
The rent summary has established that the tenant owes in excess of 21 days’ rent.
The landlord in this case is a social housing provider. I queried whether in this situation something more could not be done to assist the tenant to ensure he remains in his home. In particular, whether it may be possible for WINZ to assist the tenant to ensure that his tenancy is not terminated.
The landlord advised that if a conditional termination order was made, that would give the tenant some incentive to make an appointment with WINZ and would further enable WINZ to take steps to assist the tenant with the arrears that are outstanding.
I have therefore allowed the tenant approximately one month, to 20 October 2023, to pay the debt to avoid termination.
The debt as outlined includes rent that will be payable up to 21 October 2023.
I also direct the tenant to ensure that going forward, his rent payments are redirected directly to the landlord from his benefit. This will avoid problems in future.
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.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. J R Smith 26 September 2023

Tenancy Tribunal case 4653809 — Rent arrears at Unit/Flat 4, 9 Chelsea Avenue, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4653809 — Rent arrears at Unit/Flat 4, 9 Chelsea Avenue, Otahuhu, Auckland 1062

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