What was Tenancy Tribunal case 4713491 about?

The tribunal order states: The tenancy of [The tenant/s] at 39 Pirie Crescent, Moera, Lower Hutt 5010 is

How much money was awarded in case 4713491?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,488.43 awarded to landlord

What type of tenancy dispute was case 4713491?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4713491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9872226-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4713491 about?

The tribunal order states: The tenancy of [The tenant/s] at 39 Pirie Crescent, Moera, Lower Hutt 5010 is

How much money was awarded in case 4713491?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,488.43 awarded to landlord

What type of tenancy dispute was case 4713491?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4713491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9872226-Tribunal_Order_Redacted.pdf.

39 Pirie Crescent, Moera, Lower Hutt 5010 Tenancy Tribunal Case 4713491 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4713491 — net $5,458.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.1.2024	$6,488.43	Rent arrears to 30.1.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,458.87
Total payable by Tenant to Landlord	$5,458.87

The tenancy of [The tenant/s] at 39 Pirie Crescent, Moera, Lower Hutt 5010 is terminated, and possession is granted to Oxygen.Co.Nz Limited As Agent For Wellington Regional Council, at 11:59pm on Tuesday 30 January 2024.

The Bond Centre is to pay the bond of $1,050.00 ([Bond number suppressed]) to Oxygen.Co.Nz Limited As Agent For Wellington Regional Council immediately.

[The tenant/s] must pay Oxygen.Co.Nz Limited As Agent For Wellington Regional Council $5,458.87 immediately, calculated as shown in the table below:

Reasons

Ms Horne attended the hearing by teleconference on behalf of the landlord. Both tenants, [The tenant/s], also attended the hearing by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The Tribunal can make either a final or conditional termination order. The Tribunal can only make a conditional termination order if satisfied that the tenants will pay the rent arrears within a specified period and that it is unlikely the tenants will commit any further rent breaches.

The tenants sought an opportunity to pay the rent arrears over time and a conditional termination order.

The tenants said they have had other family members living with them recently and everyone has been contributing to a family rent fund. They maintained one of the family used the money to purchase itunes vouchers instead. The tenants have been receiving benefits but one tenant is about to start a full time job, according to the tenants. The tenants would like to pay off the rent arrears debt over a month. The landlord objected to this, citing the large amount of rent arrears and the lack of any rent payments by the tenants for a while.

I note from the updated rent summary that the tenants have not paid any rent for 7 weeks, nor have any arrangements been made by the tenants with the landlord to pay the rent arrears. The tenants acknowledged that they have not been paying rent for at least 7 weeks and that the rent was in arrears, though they said the landlord has not called them lately to chase up the rent owing.

I am not satisfied, from the evidence, that the tenants would pay the rent arrears within a period specified by the Tribunal or that it is unlikely the tenants would commit any further rent arrears breaches. As such, I cannot make a conditional termination order.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

The landlord provided rent records which prove the amount owing to 23 January 2024, which is $6,058.43. The tenants acknowledged this is likely the correct amount of rent arrears owing by them. Weekly rent is $430.00. A further 7 days or one week’s rent @ $430.00 is payable for 24 January 2024 to 30 January 2024. Therefore, the tenants owe the landlord a total of $6,488.43 in rent to 30 January 2024, which is the end of the tenancy.

Because Oxygen.Co.Nz Limited As Agent For Wellington Regional Council has wholly succeeded with the claim I must reimburse the filing fee.

The landlord did not request name suppression but both tenants did request name suppression.

Section 95A(4) RTA provides that the Tribunal may, on the application of one of the parties, 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.

The tenants’ evidence is that they have essentially been defrauded by a family member of the rent money they put into a family fund, despite acknowledging they are responsible for ensuring rent payments. Both tenants’ evidence was that they have been struggling financially for some time and had looked to family members to support them. However, one tenant is about to start full time employment. Given the evidence and circumstances, I find the tenants’ interests in not having their names published outweighs the public interest in publishing their names. Therefore, I order that the tenants’ names and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4713491 — net $5,458.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30.1.2024	$6,488.43	Rent arrears to 30.1.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,458.87
Total payable by Tenant to Landlord	$5,458.87

Order

The tenancy of [The tenant/s] at 39 Pirie Crescent, Moera, Lower Hutt 5010 is terminated, and possession is granted to Oxygen.Co.Nz Limited As Agent For Wellington Regional Council, at 11:59pm on Tuesday 30 January 2024.
The Bond Centre is to pay the bond of $1,050.00 ([Bond number suppressed]) to Oxygen.Co.Nz Limited As Agent For Wellington Regional Council immediately.
[The tenant/s] must pay Oxygen.Co.Nz Limited As Agent For Wellington Regional Council $5,458.87 immediately, calculated as shown in the table below:

Reasons

Ms Horne attended the hearing by teleconference on behalf of the landlord. Both tenants, [The tenant/s], also attended the hearing by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The Tribunal can make either a final or conditional termination order. The Tribunal can only make a conditional termination order if satisfied that the tenants will pay the rent arrears within a specified period and that it is unlikely the tenants will commit any further rent breaches.
The tenants sought an opportunity to pay the rent arrears over time and a conditional termination order.
The tenants said they have had other family members living with them recently and everyone has been contributing to a family rent fund. They maintained one of the family used the money to purchase itunes vouchers instead. The tenants have been receiving benefits but one tenant is about to start a full time job, according to the tenants. The tenants would like to pay off the rent arrears debt over a month. The landlord objected to this, citing the large amount of rent arrears and the lack of any rent payments by the tenants for a while.
I note from the updated rent summary that the tenants have not paid any rent for 7 weeks, nor have any arrangements been made by the tenants with the landlord to pay the rent arrears. The tenants acknowledged that they have not been paying rent for at least 7 weeks and that the rent was in arrears, though they said the landlord has not called them lately to chase up the rent owing.
I am not satisfied, from the evidence, that the tenants would pay the rent arrears within a period specified by the Tribunal or that it is unlikely the tenants would commit any further rent arrears breaches. As such, I cannot make a conditional termination order.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
The landlord provided rent records which prove the amount owing to 23 January 2024, which is $6,058.43. The tenants acknowledged this is likely the correct amount of rent arrears owing by them. Weekly rent is $430.00. A further 7 days or one week’s rent @ $430.00 is payable for 24 January 2024 to 30 January 2024. Therefore, the tenants owe the landlord a total of $6,488.43 in rent to 30 January 2024, which is the end of the tenancy.
Because Oxygen.Co.Nz Limited As Agent For Wellington Regional Council has wholly succeeded with the claim I must reimburse the filing fee.
The landlord did not request name suppression but both tenants did request name suppression.
Section 95A(4) RTA provides that the Tribunal may, on the application of one of the parties, 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.
The tenants’ evidence is that they have essentially been defrauded by a family member of the rent money they put into a family fund, despite acknowledging they are responsible for ensuring rent payments. Both tenants’ evidence was that they have been struggling financially for some time and had looked to family members to support them. However, one tenant is about to start full time employment. Given the evidence and circumstances, I find the tenants’ interests in not having their names published outweighs the public interest in publishing their names. Therefore, I order that the tenants’ names and identifying details are not to be published.

Tenancy Tribunal case 4713491 — Rent arrears at 39 Pirie Crescent, Moera, Lower Hutt 5010

At a glance

Tenancy Tribunal case 4713491 — Rent arrears at 39 Pirie Crescent, Moera, Lower Hutt 5010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions