What was Tenancy Tribunal case 4667331 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 4667331?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $300.00 awarded to landlord

What type of tenancy dispute was case 4667331?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4667331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9520251-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4667331 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 4667331?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $300.00 awarded to landlord

What type of tenancy dispute was case 4667331?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4667331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9520251-Tribunal_Order_Redacted.pdf.

1A McHardie Street, Trentham, Upper Hutt 5018 Tenancy Tribunal Case 4667331 — Rent arrears

Tenantcheck Insights

1A McHardie Street, Trentham, Upper Hutt 5018 Tenancy Tribunal Case 4667331 — 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 4667331 — net $320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 12 October 2023	$300.00	Rent arrears as at 12 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$320.44
Total payable by Tenant to Landlord	$320.44

Claims and awards for application 4667331 — net $320.44 NZD. Verify on MoJ.

Rent arrears as at 12 October 2023

Amount: $300.00
Awarded to: Landlord
Reason: Rent arrears as at 12 October 2023

Filing fee reimbursement

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

Net award

Landlord $320.44

Total payable by Tenant to Landlord

Landlord $320.44

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 the Landlord’s name and identifying details.
The tenancy of Loretta Smith at 1A McHardie Street, Trentham, Upper Hutt 5018 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Thursday 19 October 2023.
Loretta Smith must pay [The landlord/s] $320.44 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard by teleconference. I rang the number provided for the tenant twice and both times my call went to voicemail. The hearing proceeded in her absence.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
Rent was at least 21 days in arrears on the date the application was filed. Section 55(1)(a) Residential Tenancies Act 1986 provides that if rent is 21 days or more in arrears at the time an application was filed then the Tribunal must terminate the tenancy.
Section 55(2) RTA provides that the Tribunal may elect not to terminate the tenancy in these circumstances if the rent arrears have been remedied and it is unlikely that the tenant will commit any further breach of this kind.
The rent record shows that subsequent to the application the tenant remedied the arrears in full. However the rent record also shows that she continues to pay only half the rent each week and so I am not satisfied that she will not commit any further breaches of her obligation to pay rent.
Ms Smith’s tenancy is therefore terminated under s55(1)(a) RTA.
After discussion with the landlord at today’s hearing it was decided that rather than terminate the tenancy immediately, the order will give the tenant one week to sort out the arrears to the landlord’s satisfaction - hence the termination date being put at 19 October 2023.
The landlord provided rent records which prove the amount owing as at today’s date - $300.00.
Further to this, I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 12 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 4667331 — net $320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 12 October 2023	$300.00	Rent arrears as at 12 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$320.44
Total payable by Tenant to Landlord	$320.44

Claims and awards for application 4667331 — net $320.44 NZD. Verify on MoJ.

Rent arrears as at 12 October 2023

Amount: $300.00
Awarded to: Landlord
Reason: Rent arrears as at 12 October 2023

Filing fee reimbursement

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

Net award

Landlord $320.44

Total payable by Tenant to Landlord

Landlord $320.44

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 the Landlord’s name and identifying details.
The tenancy of Loretta Smith at 1A McHardie Street, Trentham, Upper Hutt 5018 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Thursday 19 October 2023.
Loretta Smith must pay [The landlord/s] $320.44 immediately, calculated as shown in the table below:

Reasons

This application was scheduled to be heard by teleconference. I rang the number provided for the tenant twice and both times my call went to voicemail. The hearing proceeded in her absence.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
Rent was at least 21 days in arrears on the date the application was filed. Section 55(1)(a) Residential Tenancies Act 1986 provides that if rent is 21 days or more in arrears at the time an application was filed then the Tribunal must terminate the tenancy.
Section 55(2) RTA provides that the Tribunal may elect not to terminate the tenancy in these circumstances if the rent arrears have been remedied and it is unlikely that the tenant will commit any further breach of this kind.
The rent record shows that subsequent to the application the tenant remedied the arrears in full. However the rent record also shows that she continues to pay only half the rent each week and so I am not satisfied that she will not commit any further breaches of her obligation to pay rent.
Ms Smith’s tenancy is therefore terminated under s55(1)(a) RTA.
After discussion with the landlord at today’s hearing it was decided that rather than terminate the tenancy immediately, the order will give the tenant one week to sort out the arrears to the landlord’s satisfaction - hence the termination date being put at 19 October 2023.
The landlord provided rent records which prove the amount owing as at today’s date - $300.00.
Further to this, I am ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against her. C ter Haar 12 October 2023

Tenancy Tribunal case 4667331 — Rent arrears at 1A McHardie Street, Trentham, Upper Hutt 5018

At a glance

Tenancy Tribunal case 4667331 — Rent arrears at 1A McHardie Street, Trentham, Upper Hutt 5018

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions