How much money was awarded in case 4672369?

Electricity Invoices From 05/05/23 T…: $591.48 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4672369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4672369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9484572-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4672369?

Electricity Invoices From 05/05/23 T…: $591.48 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4672369?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4672369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9484572-Tenancy_Tribunal_Order.pdf.

Flat 4, 140 Southampton Street, Sydenham, Christchurch Tenancy Tribunal Case 4672369 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4672369?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4672369 — net $1,711.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 05/10/23	$1,100.00	Rent arrears to 05/10/23
Electricity invoices from 05/05/23 to 11/07/23	$591.48	Electricity invoices from 05/05/23 to 11/07/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,711.92
Total payable by Tenant to Landlord	$1,711.92

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

David Harry Campbell owes Rentworks Property Management 2018 Limited as agent for Douglas Weir and Adrien Gordon $1,711.92 (“the debt”) as shown in the table below:

David Harry Campbell must pay rent and the debt as follows: a. By 57 weekly payments of $580.00, being $550.00 for rent and $30.00 for the debt. b. A final payment of $551.92, being $550.00 for rent and $1.92 for the debt. c. Payments will be every Friday, with the first payment on 13/10/2023 and continuing until 15/11/2024.

Payments will be allocated in the following order: rent, rent arrears, electricity invoices 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 Flat 4, 140 Southampton Street, Sydenham, Christchurch 8023 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 electricity invoices or the filing fee within 2 working days of the due date, the electricity invoices and filing fee will be payable immediately.

Reasons

Mr Hawker attended the hearing on behalf of the landlord. The tenant did not attend.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, reimbursement for electricity invoices and the filing fee.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate under section 56(1) of the Residential Tenancies Act 1986 (the Act).

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The landlord served a 14-day notice on the tenant on 16 August 2023 in relation to rubbish accumulation.

The tenant has breached their obligations by allowing rubbish to accumulate around the property. A tenant must keep the premises reasonably clean and tidy under section 40(1)(c) of the Act. The premises were not reasonably clean and tidy, and the breach was not remedied within the 14-day timeframe.

However, the tenant has now remedied this breach, and in any case, it does not satisfy the requirements for termination under section 56(1)(c) of the Act.

The landlord served a 14-day notice on the tenant on 16 August 2023 in relation to rent arrears.

The tenant has breached their obligations under the Act and the tenancy agreement by not paying rent when it is due and payable. The breach was not remedied within the 14-day timeframe.

It would be inequitable to refuse to terminate the tenancy because the tenant has been in arrears since mid-June and has not communicated constructively with the landlord’s agent to address the arrears despite having been given opportunity to do so, including in mediation.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, the landlord’s agent is prepared to offer the tenant the opportunity to repay the debt through a payment plan to avoid immediate termination. Therefore, I have granted a conditional termination under section 78(3) of the Act.

The conditional termination order will lapse if it is fully complied with or if the tenant repays the debt earlier. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach under section 64(4)(b) of the Act.

I encourage the tenant to take this opportunity to engage with the landlord’s agent to facilitate this payment plan and avoid termination. This includes making rent payments to the bank account of Rentworks Property Management 2018 Limited as previously instructed (rather than to the property owner).

How much is owed for electricity?

The landlord’s agent provided invoices from Mercury Energy which prove the amount owing to 11 July 2023, being $591.48. From this date, the tenant has arranged electricity to the premises in his own name. Filing fee

As Rentworks Property Management 2018 Limited as agent for Douglas Weir and Adrien Gordon has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4672369 — net $1,711.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 05/10/23	$1,100.00	Rent arrears to 05/10/23
Electricity invoices from 05/05/23 to 11/07/23	$591.48	Electricity invoices from 05/05/23 to 11/07/23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,711.92
Total payable by Tenant to Landlord	$1,711.92

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
David Harry Campbell owes Rentworks Property Management 2018 Limited as agent for Douglas Weir and Adrien Gordon $1,711.92 (“the debt”) as shown in the table below:
David Harry Campbell must pay rent and the debt as follows: a. By 57 weekly payments of $580.00, being $550.00 for rent and $30.00 for the debt. b. A final payment of $551.92, being $550.00 for rent and $1.92 for the debt. c. Payments will be every Friday, with the first payment on 13/10/2023 and continuing until 15/11/2024.
Payments will be allocated in the following order: rent, rent arrears, electricity invoices 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 Flat 4, 140 Southampton Street, Sydenham, Christchurch 8023 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 electricity invoices or the filing fee within 2 working days of the due date, the electricity invoices and filing fee will be payable immediately.

Reasons

Mr Hawker attended the hearing on behalf of the landlord. The tenant did not attend.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, reimbursement for electricity invoices and the filing fee.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate under section 56(1) of the Residential Tenancies Act 1986 (the Act).
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The landlord served a 14-day notice on the tenant on 16 August 2023 in relation to rubbish accumulation.
The tenant has breached their obligations by allowing rubbish to accumulate around the property. A tenant must keep the premises reasonably clean and tidy under section 40(1)(c) of the Act. The premises were not reasonably clean and tidy, and the breach was not remedied within the 14-day timeframe.
However, the tenant has now remedied this breach, and in any case, it does not satisfy the requirements for termination under section 56(1)(c) of the Act.
The landlord served a 14-day notice on the tenant on 16 August 2023 in relation to rent arrears.
The tenant has breached their obligations under the Act and the tenancy agreement by not paying rent when it is due and payable. The breach was not remedied within the 14-day timeframe.
It would be inequitable to refuse to terminate the tenancy because the tenant has been in arrears since mid-June and has not communicated constructively with the landlord’s agent to address the arrears despite having been given opportunity to do so, including in mediation.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, the landlord’s agent is prepared to offer the tenant the opportunity to repay the debt through a payment plan to avoid immediate termination. Therefore, I have granted a conditional termination under section 78(3) of the Act.
The conditional termination order will lapse if it is fully complied with or if the tenant repays the debt earlier. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach under section 64(4)(b) of the Act.
I encourage the tenant to take this opportunity to engage with the landlord’s agent to facilitate this payment plan and avoid termination. This includes making rent payments to the bank account of Rentworks Property Management 2018 Limited as previously instructed (rather than to the property owner).

How much is owed for electricity?

The landlord’s agent provided invoices from Mercury Energy which prove the amount owing to 11 July 2023, being $591.48. From this date, the tenant has arranged electricity to the premises in his own name. Filing fee
As Rentworks Property Management 2018 Limited as agent for Douglas Weir and Adrien Gordon has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4672369 — Rent arrears at Flat 4, 140 Southampton Street, Sydenham, Christchurch

At a glance

Tenancy Tribunal case 4672369 — Rent arrears at Flat 4, 140 Southampton Street, Sydenham, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

How much is owed for electricity?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

How much is owed for electricity?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions