What was Tenancy Tribunal case 4663469 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 4663469?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,430.00 awarded to landlord; Water Rates: $75.73 awarded to landlord

What type of tenancy dispute was case 4663469?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4663469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9543508-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4663469 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 4663469?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,430.00 awarded to landlord; Water Rates: $75.73 awarded to landlord

What type of tenancy dispute was case 4663469?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4663469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9543508-Tribunal_Order_Redacted.pdf.

76 Browns Bay Road, Rothesay Bay, Auckland 0630 Tenancy Tribunal Case 4663469 — Rent arrears

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76 Browns Bay Road, Rothesay Bay, Auckland 0630 Tenancy Tribunal Case 4663469 — 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 4663469. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at Wednesday 18 October 2023	$7,430.00	Rent arrears as at Wednesday 18 October 2023
Water rates as at 18 October 2023	$75.73	Water rates as at 18 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4663469. Verify on MoJ.

Rent arrears as at Wednesday 18 October 2023

Amount: $7,430.00
Awarded to: Landlord
Reason: Rent arrears as at Wednesday 18 October 2023

Water rates as at 18 October 2023

Amount: $75.73
Awarded to: Landlord
Reason: Water rates as at 18 October 2023

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Jacqueline Fraser owes [The landlord/s] $7,526.17 (“the debt”), as calculated in the table below.
Jacqueline Fraser must pay rent and the debt as follows: a. By making one payment of $7,526.17 by 4pm on Friday 20 October 2023.
Payments will be allocated in the following order: rent, rent arrears, water rates 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 76 Browns Bay Road, Rothesay Bay, Auckland 0630 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 water rates and filing fee within 2 working days of the due date, the water rates and filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, outstanding water rates, reimbursement of the filing fee and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.
I note that the outstanding rent arrears in the above table does not include a payment of $680.00 that the tenant says she made last night. It was not included in the rent arrears tally because it has not yet been received into the landlord’s bank account.

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.
After discussion at today’s hearing, I am satisfied that the above conditional termination agreement is reasonable in these particular circumstances and I am also satisfies that the tenant will pay the debt within the period specified in the order if at all possible. For these reasons 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.
Aside from the rent and water rates I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her.
Further to this, I am also ordering suppression of the landlord’s name because the landlord has applied for suppression and was fully successful with the claim – see s95A of the Residential Tenancies Act 1986. C ter Haar 18 October 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 4663469. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at Wednesday 18 October 2023	$7,430.00	Rent arrears as at Wednesday 18 October 2023
Water rates as at 18 October 2023	$75.73	Water rates as at 18 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4663469. Verify on MoJ.

Rent arrears as at Wednesday 18 October 2023

Amount: $7,430.00
Awarded to: Landlord
Reason: Rent arrears as at Wednesday 18 October 2023

Water rates as at 18 October 2023

Amount: $75.73
Awarded to: Landlord
Reason: Water rates as at 18 October 2023

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Jacqueline Fraser owes [The landlord/s] $7,526.17 (“the debt”), as calculated in the table below.
Jacqueline Fraser must pay rent and the debt as follows: a. By making one payment of $7,526.17 by 4pm on Friday 20 October 2023.
Payments will be allocated in the following order: rent, rent arrears, water rates 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 76 Browns Bay Road, Rothesay Bay, Auckland 0630 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 water rates and filing fee within 2 working days of the due date, the water rates and filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, outstanding water rates, reimbursement of the filing fee and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.
I note that the outstanding rent arrears in the above table does not include a payment of $680.00 that the tenant says she made last night. It was not included in the rent arrears tally because it has not yet been received into the landlord’s bank account.

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.
After discussion at today’s hearing, I am satisfied that the above conditional termination agreement is reasonable in these particular circumstances and I am also satisfies that the tenant will pay the debt within the period specified in the order if at all possible. For these reasons 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.
Aside from the rent and water rates I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her.
Further to this, I am also ordering suppression of the landlord’s name because the landlord has applied for suppression and was fully successful with the claim – see s95A of the Residential Tenancies Act 1986. C ter Haar 18 October 2023

Tenancy Tribunal case 4663469 — Rent arrears at 76 Browns Bay Road, Rothesay Bay, Auckland 0630

At a glance

Tenancy Tribunal case 4663469 — Rent arrears at 76 Browns Bay Road, Rothesay Bay, Auckland 0630

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions