What was Tenancy Tribunal case 4685330 about?

The tribunal order states: Marcus Kanara Fraser owes [The landlord/s] $549.64 (“the debt”) being rent

How much money was awarded in case 4685330?

Filing Fee: $20.44 awarded to landlord; Reimbursement Of A Plumber’S Account…: $453.20 awarded to landlord; Rent Arrears: $76.00 awarded to landlord

What type of tenancy dispute was case 4685330?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4685330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10011581-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4685330 about?

The tribunal order states: Marcus Kanara Fraser owes [The landlord/s] $549.64 (“the debt”) being rent

How much money was awarded in case 4685330?

Filing Fee: $20.44 awarded to landlord; Reimbursement Of A Plumber’S Account…: $453.20 awarded to landlord; Rent Arrears: $76.00 awarded to landlord

What type of tenancy dispute was case 4685330?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4685330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10011581-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4685330 — Rent arrears

Claims and awards in Tenancy Tribunal application 4685330. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
the debt”) being rent arrears of	$76.00	the debt”) being rent arrears of
reimbursement of a plumber’s account of	$453.20	reimbursement of a plumber’s account of
and reimbursement of the filing fee of	$20.44	and reimbursement of the filing fee of

Order

Marcus Kanara Fraser owes [The landlord/s] $549.64 (“the debt”) being rent arrears of $76.00, reimbursement of a plumber’s account of $453.20 and reimbursement of the filing fee of $20.44.
The tenant must pay the debt in full by 5 pm 12 April 2024 and must continue to pay the rent as and when it falls due.
Payments will be allocated in the following order: rent, rent arrears, the plumber’s account and the filing fee.
If the tenant fails to pay rent and the debt within 2 working days of the due dates or the landlord has been unable to have the works completed by 5 pm 12 April 2024: 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

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy because the tenant had been given notice on 17 August 2023 to clear rubbish from the section, fix multiple holes in walls and reimburse the landlord for a plumber’s bill incurred by the actions of one of the landlord’s guests. See section 56(1) Residential Tenancies Act 1986 (“RTA”).
The tenant has tried to fix some of the holes but the repairs are unsatisfactory and have not been completed to a tradesperson’s standard.
The landlord has also applied for compensation for the repair of a number of broken windows, the replacement of a broken towel rail and the repair of the oven door and rent arrears.
The landlord provided a rent statement showing that the tenant remained in arrears at the date of the hearing, owing the landlord $76.00.
The landlord also explained that smoke alarms were disappearing from the property on a regular basis and that while he replaced them at his regular inspections, he was concerned that their absence will affect his insurance cover.
The landlord provided photographic evidence of the state of the property which has sustained considerable damage during the tenancy.
Given the extensive damage and the amount of time given to the tenant to repair, it would have been inequitable to refuse the landlord’s application to terminate the tenancy. Conditional termination
The landlord advised that he was now working with WINZ and a sustainable tenancy agency in having the required works carried out. He advised the Tribunal that he wished to give the tenant a chance before the tenancy was terminated. He advised that yesterday he had been able at last to obtain access to the property so that the broken windows could be replaced.
The landlord advised that part of the problem was that the tenant has made access to the property difficult for the landlord and his tradespeople. He has been advised that prior to undertaking the work, his contractor requires that the property be tested for the presence of methamphetamine and be cleaned.
I note that the Tribunal has made three prior conditional termination orders in relation to this tenancy: 4329474 on 1 March 2022, 4339680 on 21 June 2022 and 4408282 on 19 October 2022. These all related to arrears of rent.
However, at the landlord’s request and because of the involvement of WINZ and the support agency, I have decided to grant a conditional termination order.
However, to continue in the tenancy, the tenant needs to know: a. He must allow the landlord and his contractors access to the property to complete the works between 8 am and 5.30 pm on weekdays. b. The landlord and his contractors do not need to give the tenant notice. c. He must co-operate with the landlord and his contractors so that the works can be completed by 5 pm 12 April 2024. d. If the works are not completed by that date, the tenancy will end and he will be evicted without the landlord needing to come back to the Tribunal for a further order. e. He must pay the debt of $549.64 by 5 pm 12 April 2024. If it is not paid by that date, the tenancy will end and he will be evicted. f. He must continue to pay his rent on the due dates. g. The smoke alarms must not be removed or tampered with. Removal of smoke alarms is an unlawful act and if they continue to be removed, he may face a claim for exemplary damages of up to $1,500.00.
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. This allows the landlord some leeway should the works not be fully completed by the due date. Compensation claims
The claim for reimbursement of the plumber’s invoice is proven.
As the tenant has not yet allowed the landlord access to carry out the required repairs, he was not able to quantify a final amount to be claimed from the tenant and these claims were withdrawn at the hearing.
Once the works have been completed and any insurance claim made, the landlord may file a further application for the costs incurred.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4685330. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
the debt”) being rent arrears of	$76.00	the debt”) being rent arrears of
reimbursement of a plumber’s account of	$453.20	reimbursement of a plumber’s account of
and reimbursement of the filing fee of	$20.44	and reimbursement of the filing fee of

Order

Marcus Kanara Fraser owes [The landlord/s] $549.64 (“the debt”) being rent arrears of $76.00, reimbursement of a plumber’s account of $453.20 and reimbursement of the filing fee of $20.44.
The tenant must pay the debt in full by 5 pm 12 April 2024 and must continue to pay the rent as and when it falls due.
Payments will be allocated in the following order: rent, rent arrears, the plumber’s account and the filing fee.
If the tenant fails to pay rent and the debt within 2 working days of the due dates or the landlord has been unable to have the works completed by 5 pm 12 April 2024: 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

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for termination of the tenancy because the tenant had been given notice on 17 August 2023 to clear rubbish from the section, fix multiple holes in walls and reimburse the landlord for a plumber’s bill incurred by the actions of one of the landlord’s guests. See section 56(1) Residential Tenancies Act 1986 (“RTA”).
The tenant has tried to fix some of the holes but the repairs are unsatisfactory and have not been completed to a tradesperson’s standard.
The landlord has also applied for compensation for the repair of a number of broken windows, the replacement of a broken towel rail and the repair of the oven door and rent arrears.
The landlord provided a rent statement showing that the tenant remained in arrears at the date of the hearing, owing the landlord $76.00.
The landlord also explained that smoke alarms were disappearing from the property on a regular basis and that while he replaced them at his regular inspections, he was concerned that their absence will affect his insurance cover.
The landlord provided photographic evidence of the state of the property which has sustained considerable damage during the tenancy.
Given the extensive damage and the amount of time given to the tenant to repair, it would have been inequitable to refuse the landlord’s application to terminate the tenancy. Conditional termination
The landlord advised that he was now working with WINZ and a sustainable tenancy agency in having the required works carried out. He advised the Tribunal that he wished to give the tenant a chance before the tenancy was terminated. He advised that yesterday he had been able at last to obtain access to the property so that the broken windows could be replaced.
The landlord advised that part of the problem was that the tenant has made access to the property difficult for the landlord and his tradespeople. He has been advised that prior to undertaking the work, his contractor requires that the property be tested for the presence of methamphetamine and be cleaned.
I note that the Tribunal has made three prior conditional termination orders in relation to this tenancy: 4329474 on 1 March 2022, 4339680 on 21 June 2022 and 4408282 on 19 October 2022. These all related to arrears of rent.
However, at the landlord’s request and because of the involvement of WINZ and the support agency, I have decided to grant a conditional termination order.
However, to continue in the tenancy, the tenant needs to know: a. He must allow the landlord and his contractors access to the property to complete the works between 8 am and 5.30 pm on weekdays. b. The landlord and his contractors do not need to give the tenant notice. c. He must co-operate with the landlord and his contractors so that the works can be completed by 5 pm 12 April 2024. d. If the works are not completed by that date, the tenancy will end and he will be evicted without the landlord needing to come back to the Tribunal for a further order. e. He must pay the debt of $549.64 by 5 pm 12 April 2024. If it is not paid by that date, the tenancy will end and he will be evicted. f. He must continue to pay his rent on the due dates. g. The smoke alarms must not be removed or tampered with. Removal of smoke alarms is an unlawful act and if they continue to be removed, he may face a claim for exemplary damages of up to $1,500.00.
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. This allows the landlord some leeway should the works not be fully completed by the due date. Compensation claims
The claim for reimbursement of the plumber’s invoice is proven.
As the tenant has not yet allowed the landlord access to carry out the required repairs, he was not able to quantify a final amount to be claimed from the tenant and these claims were withdrawn at the hearing.
Once the works have been completed and any insurance claim made, the landlord may file a further application for the costs incurred.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4685330 — Rent arrears

At a glance

Tenancy Tribunal case 4685330 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions