How much money was awarded in case 4678131?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4678131?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4678131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9623810-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4678131?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4678131?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4678131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9623810-Tribunal_Order_Redacted.pdf.

29 Semple Street, Huntly 3700 Tenancy Tribunal Case 4678131 — Rent arrears

Q: What was Tenancy Tribunal case 4678131 about?

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

Tenantcheck Insights

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Hlanay Havea and Ema Havea agree that they will pay weekly rent on time.

If the tenants fail to pay rent within 2 working days of the due dates: a. The tenancy at 29 Semple Street, Huntly 3700 will terminate and the landlord will have immediate possession of the premises. b. The rent arrears 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 which was held by teleconference.

After a full discussion at today’s hearing the parties came to an agreement as reflected in the above order.

I note that the landlord wished the agreement to reflect that the tenants need to pay rent by re-direction of their benefit from WINZ. On reflection, I am unable to order a third party to pay rent. However, by making a term of the agreement that the tenants pay rent on time, then the effect of this is the same as ordering a re-direction – that is, rent is to be paid on the date that it is due.

I note also that it is not usual to order tenants to pay rent on time in the future, the consequence of not doing so being termination of the tenancy.

However, I am allowing the parties to agree to this by consent because I have taken into account s55B of the Residential Tenancies Act 1986.

Section 55B(1) provides that a landlord under a periodic tenancy may apply for an order terminating a tenancy on the grounds of hardship.

Section55(2) provides that the Tribunal may make the order only if it is satisfied that (a) without the order the landlord would suffer greater hardship than the tenant and (b) because of that hardship, it would be unreasonable to require the landlord to continue.

Section55(3) provides that in deciding whether it would be unreasonable to require the landlord to continue with the tenancy, the Tribunal must take into account the impact that terminating the tenancy would have on the tenant.

I accept the evidence provided indicating that the owner of the premises would most likely have to sell their house if rent is not paid on time. I also acknowledge that they have elected to give these tenants one last chance to pay rent in a timely way from hereon in.

For these reasons I have allowed the terms of Order by Consent above. C ter Haar 09 November 2023

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Hlanay Havea and Ema Havea agree that they will pay weekly rent on time.

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 which was held by teleconference.

After a full discussion at today’s hearing the parties came to an agreement as reflected in the above order.

I note also that it is not usual to order tenants to pay rent on time in the future, the consequence of not doing so being termination of the tenancy.

However, I am allowing the parties to agree to this by consent because I have taken into account s55B of the Residential Tenancies Act 1986.

Section 55B(1) provides that a landlord under a periodic tenancy may apply for an order terminating a tenancy on the grounds of hardship.

For these reasons I have allowed the terms of Order by Consent above. C ter Haar 09 November 2023

Tenancy Tribunal case 4678131 — Rent arrears at 29 Semple Street, Huntly 3700

At a glance

Claims & awards

Tenancy Tribunal case 4678131 — Rent arrears at 29 Semple Street, Huntly 3700

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions