How much money was awarded in case 4729550?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,422.00 awarded to landlord; Water Rates: $153.84 awarded to landlord

What type of tenancy dispute was case 4729550?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4729550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9773311-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4729550?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,422.00 awarded to landlord; Water Rates: $153.84 awarded to landlord

What type of tenancy dispute was case 4729550?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4729550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9773311-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4729550 — Rent arrears

Q: What was Tenancy Tribunal case 4729550 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4729550 — net $5,596.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/12/2023	$5,422.00	Rent arrears to 21/12/2023
Water rates to 7/11/2023	$153.84	Water rates to 7/11/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,596.28
Total payable by Tenant to Landlord	$5,596.28

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and tenancy address.

Shontel Downs owes [The landlord/s] $5,596.28 (“the debt”) calculated as shown in the table below:

Shontel Downs must pay rent and the debt as follows: a.By payment of the weekly rent of $670.00 as due on Friday 22 December 2023 and Friday 29 January 2023. b.By weekly payments of $790.00, being $670.00 for rent and $120.00 for the debt commencing Friday 5 January 2023 and continuing until the debt is paid in full.

Payments will be allocated in the following order: rent, rent arrears, water arrears and the filing fee. DescriptionLandlord Rent arrears to 21/12/2023$5,422.00 Water rates to 7/11/2023$153.84 Filing fee reimbursement$20.44 Total award$5,596.28 Total payable by Tenant to Landlord$5,596.28

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 water arrears and filing fee within 2 working days of the due date, the water arrears and filing fee will be payable immediately.

Reasons

The property manager attended the hearing for [The landlord/s]. The hearing took place by teleconference. The tenant was called on the number provided in the application (ending in 6285), and this did not connect. The landlord supplied a number (ending in 6531) and advised that she had spoken to the tenant on this number on 11 December 2023. This number was called four times and each time went to answerphone. The landlord them provided a further possible number (ending in 8171) and this number also went to answerphone. The file records that the tenant was sent notice of the hearing by email. The hearing proceeded in the tenant’s absence.

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

Does the tenant owe rent and water?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the end of the current rent week on 21 December 2023 in the sum of $5422.00.

The landlord has applied for water arrears and has provided water records which prove the amount of water charges owing to 7 November 2023 in the sum of $153.84.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

At the hearing today the property manager advised that she visited the tenant on 11 December 2023 to discuss a payment arrangement for the arrears. The tenant was to get back to her with a payment proposal but has not done so.

Although the rent is over seven weeks in arrears the landlord did not seek immediate termination today and wishes to give the tenant an opportunity to pay off the arrears in instalments. The landlord seeks a conditional termination order. Initially the landlord sought $150 per week towards the arears but reduced this to $120.00 per week.

The tenant had a good rent history prior to 2023 but the landlord explained that the tenant has been irregular with the rent payments for most of 2023 and seeks that the tenant reinstates regular rent payments and makes instalment payments of $120.00 towards the arrears.

As the landlord has requested a conditional termination order today I will grant this.

I am satisfied that if the tenant keeps to the payment plan put in place the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Filing fee/Suppression

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee and suppress the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 4729550 — net $5,596.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/12/2023	$5,422.00	Rent arrears to 21/12/2023
Water rates to 7/11/2023	$153.84	Water rates to 7/11/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,596.28
Total payable by Tenant to Landlord	$5,596.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and tenancy address.
Shontel Downs owes [The landlord/s] $5,596.28 (“the debt”) calculated as shown in the table below:
Shontel Downs must pay rent and the debt as follows: a.By payment of the weekly rent of $670.00 as due on Friday 22 December 2023 and Friday 29 January 2023. b.By weekly payments of $790.00, being $670.00 for rent and $120.00 for the debt commencing Friday 5 January 2023 and continuing until the debt is paid in full.
Payments will be allocated in the following order: rent, rent arrears, water arrears and the filing fee. DescriptionLandlord Rent arrears to 21/12/2023$5,422.00 Water rates to 7/11/2023$153.84 Filing fee reimbursement$20.44 Total award$5,596.28 Total payable by Tenant to Landlord$5,596.28
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 water arrears and filing fee within 2 working days of the due date, the water arrears and filing fee will be payable immediately.

Reasons

The property manager attended the hearing for [The landlord/s]. The hearing took place by teleconference. The tenant was called on the number provided in the application (ending in 6285), and this did not connect. The landlord supplied a number (ending in 6531) and advised that she had spoken to the tenant on this number on 11 December 2023. This number was called four times and each time went to answerphone. The landlord them provided a further possible number (ending in 8171) and this number also went to answerphone. The file records that the tenant was sent notice of the hearing by email. The hearing proceeded in the tenant’s absence.
The landlord has applied for termination of the tenancy, rent and water arrears.

Does the tenant owe rent and water?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the end of the current rent week on 21 December 2023 in the sum of $5422.00.
The landlord has applied for water arrears and has provided water records which prove the amount of water charges owing to 7 November 2023 in the sum of $153.84.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
At the hearing today the property manager advised that she visited the tenant on 11 December 2023 to discuss a payment arrangement for the arrears. The tenant was to get back to her with a payment proposal but has not done so.
Although the rent is over seven weeks in arrears the landlord did not seek immediate termination today and wishes to give the tenant an opportunity to pay off the arrears in instalments. The landlord seeks a conditional termination order. Initially the landlord sought $150 per week towards the arears but reduced this to $120.00 per week.
The tenant had a good rent history prior to 2023 but the landlord explained that the tenant has been irregular with the rent payments for most of 2023 and seeks that the tenant reinstates regular rent payments and makes instalment payments of $120.00 towards the arrears.
As the landlord has requested a conditional termination order today I will grant this.
I am satisfied that if the tenant keeps to the payment plan put in place the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Filing fee/Suppression
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee and suppress the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Tenancy Tribunal case 4729550 — Rent arrears

At a glance

Tenancy Tribunal case 4729550 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Does the tenant owe rent and water?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Does the tenant owe rent and water?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions