What was Tenancy Tribunal case 4727373 about?

The tribunal order states: Utufia Yee owes [The landlord/s] $1,217.58 (“the debt”).

How much money was awarded in case 4727373?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,197.14 awarded to landlord

What type of tenancy dispute was case 4727373?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4727373?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9875230-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4727373 about?

The tribunal order states: Utufia Yee owes [The landlord/s] $1,217.58 (“the debt”).

How much money was awarded in case 4727373?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,197.14 awarded to landlord

What type of tenancy dispute was case 4727373?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4727373?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9875230-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4727373 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4727373 — net $1,217.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,197.14	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,217.58
Total payable by Tenant to Landlord	$1,217.58

Utufia Yee owes [The landlord/s] $1,217.58 (“the debt”).

Utufia Yee must pay rent and the debt as follows: a. By 27 weekly payments of $615.00, being $570.00 for rent and $45.00 for the debt. b. A final payment of $572.58, being $570.00 for rent and $2.58 for the debt. c. Payments will be every Friday, with the first payment on 26/01/2024 and continuing until 02/08/2024.

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 [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

Both parties attended this remote hearing.

The landlord has applied for termination of the tenancy and rent arrears. 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 31 October 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. The tenants has been in arrears continually for in excess of six months.

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 landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Both parties have applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered.

I have considered if I should grant a name suppression order for the tenant having regard to the interests of the parties and public interest under Section 95A(4) RTA.

I am mindful that open justice is a fundamental principle in our legal system. The issue here I need to consider is whether suppressing the tenant’s name and identifying details outweighs the interest of the open justice reporting principle.

In my view, the application for name suppression and identifying details ought to be declined for the following reasons: a. It is common for parties appearing before the Tribunal to seek suppression orders. But that is not of itself a sufficient reason to make the order. b. The disputes before me are not unusual or other than the ordinary business of the Tribunal. c. The open justice principle requires the outcome of adjudication to be available to the public; and d. Weighing up the interests of the tenant and the public interest, the public interest outweighs the tenant’s interests.

Accordingly, no order is made for suppression of the tenant’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4727373 — net $1,217.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,197.14	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,217.58
Total payable by Tenant to Landlord	$1,217.58

Order

Utufia Yee owes [The landlord/s] $1,217.58 (“the debt”).
Utufia Yee must pay rent and the debt as follows: a. By 27 weekly payments of $615.00, being $570.00 for rent and $45.00 for the debt. b. A final payment of $572.58, being $570.00 for rent and $2.58 for the debt. c. Payments will be every Friday, with the first payment on 26/01/2024 and continuing until 02/08/2024.
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 [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

Both parties attended this remote hearing.
The landlord has applied for termination of the tenancy and rent arrears. 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 31 October 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. The tenants has been in arrears continually for in excess of six months.
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 landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties have applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered.
I have considered if I should grant a name suppression order for the tenant having regard to the interests of the parties and public interest under Section 95A(4) RTA.
I am mindful that open justice is a fundamental principle in our legal system. The issue here I need to consider is whether suppressing the tenant’s name and identifying details outweighs the interest of the open justice reporting principle.
In my view, the application for name suppression and identifying details ought to be declined for the following reasons: a. It is common for parties appearing before the Tribunal to seek suppression orders. But that is not of itself a sufficient reason to make the order. b. The disputes before me are not unusual or other than the ordinary business of the Tribunal. c. The open justice principle requires the outcome of adjudication to be available to the public; and d. Weighing up the interests of the tenant and the public interest, the public interest outweighs the tenant’s interests.
Accordingly, no order is made for suppression of the tenant’s name and identifying details.

Tenancy Tribunal case 4727373 — Rent arrears

At a glance

Tenancy Tribunal case 4727373 — Rent arrears

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