What was Tenancy Tribunal case 4752709 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $2,198.94 (“the debt”) as shown in the

How much money was awarded in case 4752709?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,178.50 awarded to landlord

What type of tenancy dispute was case 4752709?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4752709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9925142-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4752709 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $2,198.94 (“the debt”) as shown in the

How much money was awarded in case 4752709?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,178.50 awarded to landlord

What type of tenancy dispute was case 4752709?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4752709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9925142-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4752709 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4752709 — net $2,198.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 7 February 2024	$2,178.50	Rent arrears (to 7 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,198.94
Total payable by Tenant to Landlord	$2,198.94

[The tenant/s] owes [The landlord/s] $2,198.94 (“the debt”) as shown in the table below. DescriptionLandlord Rent arrears (to 7 February 2024)$2,178.50 Filing fee reimbursement$20.44 Total award$2,198.94 Total payable by Tenant to Landlord$2,198.94

[The tenant/s] must pay rent and the debt as follows: a. By 21 weekly payments of $950.00, being $850.00 for rent and $100.00 for the debt. b. A final payment of $948.94, being $850.00 for rent and $98.94 for the debt. c. Payments will be every Thursday, with the first payment on 08/02/2024 and continuing until 04/07/2024. 1

Payments will be allocated in the following order: rent, rent arrears, and the filing fee. 1 The first payment of $950.00 is due tomorrow, 8 February 2024.

If the tenant fails to pay rent and rent arrears within 3 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 3 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing. [Tenant 1] attended for the tenants.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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 as it became due. On 28 November 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 because rent arrears have remained at a constant level since the 14-day notice was issued. The tenant has paid current rent but has not reduced the arrears owed.

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 had regard to the combined household income and the circumstances which led to the debt accruing.

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 was the successful party, I have awarded reimbursement of the filing fee and granted its request for suppression of its details. I have also suppressed the tenant’s details having regard to the family circumstances which gave rise to the rent arrears accruing.

Claims and awards in Tenancy Tribunal application 4752709 — net $2,198.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 7 February 2024	$2,178.50	Rent arrears (to 7 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,198.94
Total payable by Tenant to Landlord	$2,198.94

Order

[The tenant/s] owes [The landlord/s] $2,198.94 (“the debt”) as shown in the table below. DescriptionLandlord Rent arrears (to 7 February 2024)$2,178.50 Filing fee reimbursement$20.44 Total award$2,198.94 Total payable by Tenant to Landlord$2,198.94
[The tenant/s] must pay rent and the debt as follows: a. By 21 weekly payments of $950.00, being $850.00 for rent and $100.00 for the debt. b. A final payment of $948.94, being $850.00 for rent and $98.94 for the debt. c. Payments will be every Thursday, with the first payment on 08/02/2024 and continuing until 04/07/2024. 1
Payments will be allocated in the following order: rent, rent arrears, and the filing fee. 1 The first payment of $950.00 is due tomorrow, 8 February 2024.
If the tenant fails to pay rent and rent arrears within 3 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 3 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing. [Tenant 1] attended for the tenants.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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 as it became due. On 28 November 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 because rent arrears have remained at a constant level since the 14-day notice was issued. The tenant has paid current rent but has not reduced the arrears owed.
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 had regard to the combined household income and the circumstances which led to the debt accruing.
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 was the successful party, I have awarded reimbursement of the filing fee and granted its request for suppression of its details. I have also suppressed the tenant’s details having regard to the family circumstances which gave rise to the rent arrears accruing.

Tenancy Tribunal case 4752709 — Rent arrears

At a glance

Tenancy Tribunal case 4752709 — 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