What was Tenancy Tribunal case 4739049 about?

The tribunal order states: DescriptionLandlord

How much money was awarded in case 4739049?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $270.00 awarded to landlord

What type of tenancy dispute was case 4739049?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4739049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9825686-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4739049 about?

The tribunal order states: DescriptionLandlord

How much money was awarded in case 4739049?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $270.00 awarded to landlord

What type of tenancy dispute was case 4739049?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4739049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9825686-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4739049 — Rent arrears

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New Zealand Tenancy Tribunal Case 4739049 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4739049. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 11 January 2024	$270.00		Rent arrears to 11 January 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4739049. Verify on MoJ.

Rent arrears to 11 January 2024

Amount: $270.00
Awarded to: Landlord
Reason: Rent arrears to 11 January 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

DescriptionLandlord Rent arrears to 11 January 2024$270.00 Filing fee reimbursement$20.44 Total award$290.44

Reasons

Both parties attended the hearing via phone.
[The landlord’s representative/s] represented the property manager for the landlord, while Ms. Atatai acted as the tenant.
Ms. Atatai informed me that her husband, Mr. Sagale, who is also a tenant under the tenancy agreement, was at work and could not answer the phone. She also confirmed that she was happy to proceed with the hearing without her husband's presence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
[The landlord’s representative/s] informed me that Ms. Atatai has paid most of her rent arrears, since the application was filed with the Tribunal on 13th November 2023. The balance to pay is $270.00
[The landlord’s representative/s] said she is not seeking termination of the tenancy, but she is seeking repayment of the remaining $270.
Ms. Atatai confirmed that the remaining $270 would be paid in two instalments.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by not paying the rent when it falls due.
The landlord served a 14-day notice on the tenant on 8 November 2023, and the tenant did not remedy the breach within the required period.
Because Ms Atatai had paid majority of rent arrears of $1,140, it would not be inequitable to refuse to terminate the tenancy.
By consent, [The landlord’s representative/s] withdrew her application to terminate the tenancy.
By consent, Ms Atatai had agreed to pay the balance of rent arrears in two instalments: a. $100 on 17 th January 2024; and b. $170 on 24 th January 2024.
Ms. Atatai is responsible for reimbursing the landlord $20.44 for the filing fee. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4739049. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 11 January 2024	$270.00		Rent arrears to 11 January 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

Claims and awards for application 4739049. Verify on MoJ.

Rent arrears to 11 January 2024

Amount: $270.00
Awarded to: Landlord
Reason: Rent arrears to 11 January 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

DescriptionLandlord Rent arrears to 11 January 2024$270.00 Filing fee reimbursement$20.44 Total award$290.44

Reasons

Both parties attended the hearing via phone.
[The landlord’s representative/s] represented the property manager for the landlord, while Ms. Atatai acted as the tenant.
Ms. Atatai informed me that her husband, Mr. Sagale, who is also a tenant under the tenancy agreement, was at work and could not answer the phone. She also confirmed that she was happy to proceed with the hearing without her husband's presence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
[The landlord’s representative/s] informed me that Ms. Atatai has paid most of her rent arrears, since the application was filed with the Tribunal on 13th November 2023. The balance to pay is $270.00
[The landlord’s representative/s] said she is not seeking termination of the tenancy, but she is seeking repayment of the remaining $270.
Ms. Atatai confirmed that the remaining $270 would be paid in two instalments.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by not paying the rent when it falls due.
The landlord served a 14-day notice on the tenant on 8 November 2023, and the tenant did not remedy the breach within the required period.
Because Ms Atatai had paid majority of rent arrears of $1,140, it would not be inequitable to refuse to terminate the tenancy.
By consent, [The landlord’s representative/s] withdrew her application to terminate the tenancy.
By consent, Ms Atatai had agreed to pay the balance of rent arrears in two instalments: a. $100 on 17 th January 2024; and b. $170 on 24 th January 2024.
Ms. Atatai is responsible for reimbursing the landlord $20.44 for the filing fee. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4739049 — Rent arrears

At a glance

Tenancy Tribunal case 4739049 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions