What was Tenancy Tribunal case 4736929 about?

The tribunal order states: The tenancy of [The tenant/s] at Room Suite 7, 2C Blanc Road, Silverdale,

How much money was awarded in case 4736929?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,221.39 awarded to landlord

What type of tenancy dispute was case 4736929?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4736929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9755685-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4736929 about?

The tribunal order states: The tenancy of [The tenant/s] at Room Suite 7, 2C Blanc Road, Silverdale,

How much money was awarded in case 4736929?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,221.39 awarded to landlord

What type of tenancy dispute was case 4736929?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4736929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9755685-Tribunal_Order_Redacted.pdf.

Room Suite 7, 2C Blanc Road, Silverdale, Silverdale 0932 Tenancy Tribunal Case 4736929 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4736929 — net $3,641.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18.12.2023	$6,221.39	Rent arrears to 18.12.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,641.83
Total payable by Tenant to Landlord	$3,641.83

The tenancy of [The tenant/s] at Room Suite 7, 2C Blanc Road, Silverdale, Silverdale 0932 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Monday 18 December 2023.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

[The tenant/s] must pay [The landlord/s] $3,641.83 immediately, calculated as shown in the table below:

Reasons

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

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

Pursuant to section 55(1A) Residential Tenancies Act 1986 (“RTA”), the Tribunal can make a full termination order or a conditional termination order. A conditional termination order can be considered by the Tribunal only if it is satisfied the tenant will pay the rent arrears within a time specified by the Tribunal and that it is unlikely the tenant will commit any further rent breaches.

The tenants asked for a conditional termination order and said that, if the landlord provided them with a letter confirming the amount of rent arrears and confirmed they would refrain from applying for termination of the tenancy, then they were told by WINZ that WINZ would cover the equivalent of 5 weeks’ rent payments and they could pay an additional $350.00/fortnight on top of rent, to clear the rent debt owing.

The landlord wished to proceed with their termination application and did not wish to have a conditional termination order, saying the tenants had not arranged to pay rent arrears for a significant time. They pointed to the rent arrears starting around 22 September 2023 and, apart from one payment of $1,950.00 made on 13 October 2023, said there had been no other rent payments since 12 September 2023.

The tenants said that [Tenant 1] had been sick and unable to work for a time in September 2023, and [Tenant 2] looked after their two young children.

I am not satisfied that the tenants acted swiftly enough to arrange to pay rent owing with the landlord, or that there would not be a repeat of rent payment breaches, given that no rent payments have been made by the tenants since 13 October 2023, despite [Tenant 1] saying he is back at work full time now. Because of this, 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 12 December 2023, which is $5,664.29. Weekly rent is $650.00 so daily rent is $92.85. A further 6 days rent @ 492.85/day is payable from 13 December 2023 to 18 December 2023, for a sub-total of $557.10. Therefore, the tenants owe the landlord a total of $6,221.39 in rent to Monday 18 December 2023, which is the end of the tenancy.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.

The landlord and the tenants all requested suppression.

As the landlord has been successful with the claim, they are entitled to suppression. Therefore, I order that the landlord’s name and identifying details not be published.

Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, 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.

Given the evidence of the tenants’ circumstances, particularly that one of them was off work for a time due to illness, and that they have two young children, I find the tenant’s 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 4736929 — net $3,641.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18.12.2023	$6,221.39	Rent arrears to 18.12.2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,641.83
Total payable by Tenant to Landlord	$3,641.83

Order

The tenancy of [The tenant/s] at Room Suite 7, 2C Blanc Road, Silverdale, Silverdale 0932 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Monday 18 December 2023.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $3,641.83 immediately, calculated as shown in the table below:

Reasons

[The property manager/s] attended the hearing by teleconference on behalf of the landlord. Both [The tenant/s], the tenants, also attended the hearing by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Pursuant to section 55(1A) Residential Tenancies Act 1986 (“RTA”), the Tribunal can make a full termination order or a conditional termination order. A conditional termination order can be considered by the Tribunal only if it is satisfied the tenant will pay the rent arrears within a time specified by the Tribunal and that it is unlikely the tenant will commit any further rent breaches.
The tenants asked for a conditional termination order and said that, if the landlord provided them with a letter confirming the amount of rent arrears and confirmed they would refrain from applying for termination of the tenancy, then they were told by WINZ that WINZ would cover the equivalent of 5 weeks’ rent payments and they could pay an additional $350.00/fortnight on top of rent, to clear the rent debt owing.
The landlord wished to proceed with their termination application and did not wish to have a conditional termination order, saying the tenants had not arranged to pay rent arrears for a significant time. They pointed to the rent arrears starting around 22 September 2023 and, apart from one payment of $1,950.00 made on 13 October 2023, said there had been no other rent payments since 12 September 2023.
The tenants said that [Tenant 1] had been sick and unable to work for a time in September 2023, and [Tenant 2] looked after their two young children.
I am not satisfied that the tenants acted swiftly enough to arrange to pay rent owing with the landlord, or that there would not be a repeat of rent payment breaches, given that no rent payments have been made by the tenants since 13 October 2023, despite [Tenant 1] saying he is back at work full time now. Because of this, 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 12 December 2023, which is $5,664.29. Weekly rent is $650.00 so daily rent is $92.85. A further 6 days rent @ 492.85/day is payable from 13 December 2023 to 18 December 2023, for a sub-total of $557.10. Therefore, the tenants owe the landlord a total of $6,221.39 in rent to Monday 18 December 2023, which is the end of the tenancy.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Because [The landlord/s] has been successful with the claim I must reimburse the filing fee.
The landlord and the tenants all requested suppression.
As the landlord has been successful with the claim, they are entitled to suppression. Therefore, I order that the landlord’s name and identifying details not be published.
Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, 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.
Given the evidence of the tenants’ circumstances, particularly that one of them was off work for a time due to illness, and that they have two young children, I find the tenant’s 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 4736929 — Rent arrears at Room Suite 7, 2C Blanc Road, Silverdale, Silverdale 0932

At a glance

Tenancy Tribunal case 4736929 — Rent arrears at Room Suite 7, 2C Blanc Road, Silverdale, Silverdale 0932

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