What was the outcome of Tenancy Tribunal case 4702116?

The tribunal order states: Josephine Marama Skye Rangiaho owes The Rent Shop Limited As Agent For

How much money was awarded in case 4702116?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $715.00 awarded to landlord

What type of tenancy dispute was case 4702116?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4702116?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9868632-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4702116?

The tribunal order states: Josephine Marama Skye Rangiaho owes The Rent Shop Limited As Agent For

How much money was awarded in case 4702116?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $715.00 awarded to landlord

What type of tenancy dispute was case 4702116?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4702116?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9868632-Tenancy_Tribunal_Order.pdf.

39A Beaumonts Way, Manurewa, Auckland 2102 Tenancy Tribunal Case 4702116 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4702116 — net $735.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$715.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$735.44
Total payable by Tenant to Landlord	$735.44

Josephine Marama Skye Rangiaho owes The Rent Shop Limited As Agent For Xin Gu $735.44 (“the debt”).

Josephine Marama Skye Rangiaho must pay rent and the debt as follows: a. By one payment of rent of $540.00 on Wednesday 24 January 2024. b. By 36 weekly payments of $560.00, being $540.00 for rent and $20.00 for the debt. c. A final payment of $555.44, being $540.00 for rent and $15.44 for the debt. d. Payments will be every Wednesday, with the first payment towards the debt being on 31/01/2024 and continuing until 09/10/2024.

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 39A Beaumonts Way, Manurewa, Auckland 2102 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.

A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.

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.

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 on time and in full. On 27 September 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the rent arrears remain and have been over a long period of time.

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.

As The Rent Shop Limited As Agent For Xin Gu has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4702116 — net $735.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$715.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$735.44
Total payable by Tenant to Landlord	$735.44

Josephine Marama Skye Rangiaho owes The Rent Shop Limited As Agent For Xin Gu $735.44 (“the debt”).

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

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 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.

Should a conditional termination order be made?

As The Rent Shop Limited As Agent For Xin Gu has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 4702116 — Rent arrears at 39A Beaumonts Way, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4702116 — Rent arrears at 39A Beaumonts Way, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions