What was Tenancy Tribunal case 4674074 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 4674074?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,257.14 awarded to landlord

What type of tenancy dispute was case 4674074?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4674074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9641875-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4674074 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 4674074?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,257.14 awarded to landlord

What type of tenancy dispute was case 4674074?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4674074?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9641875-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4674074 — Rent arrears

Claims and awards in Tenancy Tribunal application 4674074 — net $1,277.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/11/2023	$1,257.14	Rent arrears to 15/11/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,277.58
Total payable by Tenant to Landlord	$1,277.58

Claims and awards in Tenancy Tribunal application 4674074 — net $1,277.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/11/2023	$1,257.14	Rent arrears to 15/11/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,277.58
Total payable by Tenant to Landlord	$1,277.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The Tribunal declares by consent that the rent week for this tenancy will be amended to run from Thursday to Wednesday each week commencing Thursday 16 November 2023.
[The tenant/s] owes [The landlord/s] $1,277.58 (“the debt”) calculated as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By 25 weekly payments of $650.00, being $600.00 for rent and $50.00 for the debt. b. A final payment of $627.58, being $600.00 for rent and $27.58 for the debt. c. Payments will be every Thursday, with the first payment on 16/11/2023 and continuing until 09/05/2024. DescriptionLandlord Rent arrears to 15/11/2023$1257.14 Filing fee reimbursement$20.44 Total award$1277.58 Total payable by Tenant to Landlord$1277.58
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 [Tenancy address suppressed] 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

Both parties attended the hearing.
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 agreeable to a payment plan and conditional termination order being made.

How much rent is owed?

The landlord provided a rent summary recording rent arrears to 12 November 2023 in the sum of $1257.14.
The tenant advised that there was an agreement with an earlier property manager to waive the first week’s rent due to the condition of the premises at commencement. The tenant stated that she did not receive the key from the property manager until the end of the day on Monday 26 June 2023 and was not able to move into the premises until Thursday 29 June as the carpet was wet.
The current property manager stated that she had record that the key was handed over at 5pm on 26 June 2023 but no knowledge of the agreement to waive the first week’s rent and no record on the file of such.
The tenant sought to provide proof of this agreement by this morning, however, no evidence has been received, therefore a credit of $600.00 will not be applied.
Having considered the evidence presented I find on the balance of probabilities that the tenant has been charged rent since 26 June 2023 but did not have access to the premises until late that day and the premises were not ready to move in to for a couple of days.
Accordingly, the rent arrears owed will be calculated from 29 June 2023.
The tenant advised that she is paid on Thursday and cannot pay any more rent until that day. The landlord agrees to adjust the rent week to commence on a Thursday.
Therefore, rent will be ordered to 15 November 2023 with the tenant’s next weekly rent due on Thursday 16 November 2023. The amount ordered is calculated as follows: Rent charged to 15 November 2022 $1514.27 Minus 3 days rent credit for 26/6/2023 to 28/6/2023 - $257.13 Amount ordered $1257.14

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. 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. See section 56(1) Residential Tenancies Act 1986.
The tenant has breached their obligations by failing to pay rent when due.
The landlord served a 14-day notice on the tenant on 25 July 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because there has been an ongoing history of rent arrears and late payment and the currently more than two weeks rent is owed.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Filing fee/Suppression
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case including the agreement reached the Tribunal grants suppression of all party identifying details.

Tenancy Tribunal case 4674074 — Rent arrears

At a glance

Tenancy Tribunal case 4674074 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much rent is owed?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much rent is owed?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions