What was Tenancy Tribunal case 4688009 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $2,070.44 (“the debt”) as calculated in the

How much money was awarded in case 4688009?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,050.00 awarded to landlord

What type of tenancy dispute was case 4688009?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4688009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9673302-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4688009 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $2,070.44 (“the debt”) as calculated in the

How much money was awarded in case 4688009?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,050.00 awarded to landlord

What type of tenancy dispute was case 4688009?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4688009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9673302-Tribunal_Order_Redacted.pdf.

133A Cambridge Road, Bethlehem, Tauranga 3110 Tenancy Tribunal Case 4688009 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4688009 — net $2,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 29 November 2023	$2,050.00	Rent arrears as at 29 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,070.44
Total payable by Tenant to Landlord	$2,070.44

[The tenant/s] owes [The landlord/s] $2,070.44 (“the debt”) as calculated in the table below.

[The tenant/s] must pay the debt as follows: a. A payment of $2,070.44, being $2050.00 for rent and $20.44 for the filing fee by 29 November 2023.

Payments will be allocated in the following order: rent arrears, and the filing fee.

After the payment of the debt on 29 November 2023, which includes rent owing as at that date, the next rent payment of $700.00 is due on Friday 1 December 2023.

If the tenant fails to pay rent arrears within 2 working days of the due date: a. The tenancy at 133A Cambridge Road, Bethlehem, Tauranga 3110 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.

This tenancy ends on 31 December 2023, or before by mutual agreement between the parties.

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 breached their obligations by failing to pay rent as and when it fell due. On 29 October 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. On the face of it, it would be inequitable to refuse to terminate the tenancy because landlords are entitled to be paid rent in a timely way.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, particularly the reasons why the rent was not paid, 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 therefore 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 reimbursement

I have ordered the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. Suppression of names

Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.

I am ordering suppression of the landlord’s name because they have applied for it and because they were wholly successful in their claim – s95A(3).

I am ordering suppression of the tenant’s name as provided for under s95A(1). I do so because I accept the evidence indicating that this tenant has been an exemplary tenant for approximately 16 years and the current arrears have occurred because of the actions of a third party. The landlord also supports suppression of the tenant’s name. C ter Haar 22 November 2023

Claims and awards in Tenancy Tribunal application 4688009 — net $2,070.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 29 November 2023	$2,050.00	Rent arrears as at 29 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,070.44
Total payable by Tenant to Landlord	$2,070.44

Order

[The tenant/s] owes [The landlord/s] $2,070.44 (“the debt”) as calculated in the table below.
[The tenant/s] must pay the debt as follows: a. A payment of $2,070.44, being $2050.00 for rent and $20.44 for the filing fee by 29 November 2023.
Payments will be allocated in the following order: rent arrears, and the filing fee.
After the payment of the debt on 29 November 2023, which includes rent owing as at that date, the next rent payment of $700.00 is due on Friday 1 December 2023.
If the tenant fails to pay rent arrears within 2 working days of the due date: a. The tenancy at 133A Cambridge Road, Bethlehem, Tauranga 3110 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.
This tenancy ends on 31 December 2023, or before by mutual agreement between the parties.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 breached their obligations by failing to pay rent as and when it fell due. On 29 October 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. On the face of it, it would be inequitable to refuse to terminate the tenancy because landlords are entitled to be paid rent in a timely way.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, particularly the reasons why the rent was not paid, 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 therefore 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 reimbursement
I have ordered the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against him. Suppression of names
Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
I am ordering suppression of the landlord’s name because they have applied for it and because they were wholly successful in their claim – s95A(3).
I am ordering suppression of the tenant’s name as provided for under s95A(1). I do so because I accept the evidence indicating that this tenant has been an exemplary tenant for approximately 16 years and the current arrears have occurred because of the actions of a third party. The landlord also supports suppression of the tenant’s name. C ter Haar 22 November 2023

Tenancy Tribunal case 4688009 — Rent arrears at 133A Cambridge Road, Bethlehem, Tauranga 3110

At a glance

Tenancy Tribunal case 4688009 — Rent arrears at 133A Cambridge Road, Bethlehem, Tauranga 3110

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions