What was the outcome of Tenancy Tribunal case 4707770?

The tribunal order states: Jonathan Paul Burkett and K-Lee Torrey owes The Rent Shop Limited

How much money was awarded in case 4707770?

Filing Fee: $20.44 awarded to landlord; Property Damage: $183.66 awarded to landlord; Rent Arrears: $2,025.00 awarded to landlord

What type of tenancy dispute was case 4707770?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4707770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9917809-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4707770?

The tribunal order states: Jonathan Paul Burkett and K-Lee Torrey owes The Rent Shop Limited

How much money was awarded in case 4707770?

Filing Fee: $20.44 awarded to landlord; Property Damage: $183.66 awarded to landlord; Rent Arrears: $2,025.00 awarded to landlord

What type of tenancy dispute was case 4707770?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4707770?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9917809-Tenancy_Tribunal_Order.pdf.

27 Stoke Street, Westown, New Plymouth 4310 Tenancy Tribunal Case 4707770 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4707770 — net $2,229.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,025.00	Rent arrears
Window repairs	$183.66	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,229.10
Total payable by Tenant to Landlord	$2,229.10

Jonathan Paul Burkett and K-Lee Torrey owes The Rent Shop Limited $2,229.10 (“the debt”).

Jonathan Paul Burkett and K-Lee Torrey must pay rent and the debt as follows: a. By 1 weekly payment of $495.00 for rent on Wednesday 7 February 2024. b. By 1 payment of $2,229.10 for the debt on Friday 9 February 2024.

Payments will be allocated in the following order: rent, rent arrears, compensation 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 27 Stoke Street, Westown, New Plymouth 4310 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 this remote teleconference hearing.

The landlord has applied for termination of the tenancy, rent arrears compensation and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

The parties consented to an order being made for compensation in the sum of $183.66 for damage to a window.

The tenant said that she thought that a cross application had been filed on her behalf. A check of the Tribunal system did not show any cross application relating to these premises. The tenant then said that an application was to be filed against the landlord. The tenant is entitled to file that cross application. That application has not been made at the date of this hearing and the Tribunal is required to deal with matters expeditiously. The Tribunal can only deal with the matters before it.

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 in full and on time. 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 position has now worsened.

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 has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4707770 — net $2,229.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,025.00	Rent arrears
Window repairs	$183.66	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,229.10
Total payable by Tenant to Landlord	$2,229.10

Jonathan Paul Burkett and K-Lee Torrey owes The Rent Shop Limited $2,229.10 (“the debt”).

Payments will be allocated in the following order: rent, rent arrears, compensation 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

Both parties attended this remote teleconference hearing.

The landlord has applied for termination of the tenancy, rent arrears compensation and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

The parties consented to an order being made for compensation in the sum of $183.66 for damage to a window.

Should a conditional termination order be made?

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

Tenancy Tribunal case 4707770 — Rent arrears at 27 Stoke Street, Westown, New Plymouth 4310

At a glance

Tenancy Tribunal case 4707770 — Rent arrears at 27 Stoke Street, Westown, New Plymouth 4310

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