What was the outcome of Tenancy Tribunal case 4777522?

The tribunal order states: Joseph Nand and Kevin Nand owes The Rent Shop Limited $1,700.44 (‘the

How much money was awarded in case 4777522?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,680.00 awarded to landlord

What type of tenancy dispute was case 4777522?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777522?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10022619-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4777522?

The tribunal order states: Joseph Nand and Kevin Nand owes The Rent Shop Limited $1,700.44 (‘the

How much money was awarded in case 4777522?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,680.00 awarded to landlord

What type of tenancy dispute was case 4777522?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777522?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10022619-Tenancy_Tribunal_Order.pdf.

20 Clayton Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4777522 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4777522 — net $1,700.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2024	$1,680.00	Rent arrears to 1 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,700.44
Total payable by Tenant to Landlord	$1,700.44

Joseph Nand and Kevin Nand owes The Rent Shop Limited $1,700.44 (‘the debt’ calculated as shown in the table below:

Joseph Nand and Kevin Nand must pay rent and the debt as follows: a. 11 weekly payments of $830 - being $150 for the debt and $680 for rent. These payments will be made on 2/3/2024, 9/03/2024, 16/03/2024, 23/03/2024, 30/03/2024, 6/04/2024, 13/04/2024, 20/04/2024, 27/04/2024, 4/05/2024 and 11/05/2024. b. On 18 May 2024 a final payment of $50.44 for the debt and $680 for the rent.

Payments will be allocated in the following order: rent, rent arrears and the filing fee.

If the tenant fails to pay the sums within 2 working days of the due dates: a. The tenancy at 20 Clayton Road, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing which took place by telephone. Mr Joseph Nand attended. Kevin Nand did not answer the telephone when called and so the hearing proceeded in his absence.

The landlord has applied for termination of the tenancy due to rent arrears. The landlord sought a conditional termination order as some progress had been made around agreeing payments with the tenants.

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 failing to pay the rent as required.

The landlord served a 14-day notice on the tenant on 29 December 2024 and the tenant did not remedy the breach within the required period. The rent remains $1,680 in arrears.

It would be inequitable to refuse to terminate the tenancy.

The landlord has been successful and so I award the filing fee.

I am satisfied 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 landlord was satisfied with the payment plan put forward by the tenant.

This provides the landlord with the ability to evict if the sums set out in my order above are not paid each week, and it gives the tenant an opportunity to remedy the breach.

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.

The tenant requested name suppression, but I decline to award this. The tenant has not been substantially successful and there are no other reasons to award suppression (s95A, RTA).

Order

Claims and awards in Tenancy Tribunal application 4777522 — net $1,700.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2024	$1,680.00	Rent arrears to 1 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,700.44
Total payable by Tenant to Landlord	$1,700.44

Joseph Nand and Kevin Nand owes The Rent Shop Limited $1,700.44 (‘the debt’ calculated as shown in the table below:

Payments will be allocated in the following order: rent, rent arrears and the filing fee.

Reasons

Both parties attended the hearing which took place by telephone. Mr Joseph Nand attended. Kevin Nand did not answer the telephone when called and so the hearing proceeded in his absence.

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.

The tenant has breached their obligations by failing to pay the rent as required.

The landlord served a 14-day notice on the tenant on 29 December 2024 and the tenant did not remedy the breach within the required period. The rent remains $1,680 in arrears.

It would be inequitable to refuse to terminate the tenancy.

The landlord has been successful and so I award the filing fee.

This provides the landlord with the ability to evict if the sums set out in my order above are not paid each week, and it gives the tenant an opportunity to remedy the breach.

The tenant requested name suppression, but I decline to award this. The tenant has not been substantially successful and there are no other reasons to award suppression (s95A, RTA).

Tenancy Tribunal case 4777522 — Rent arrears at 20 Clayton Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4777522 — Rent arrears at 20 Clayton Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions