What was Tenancy Tribunal case 4777897 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $240.44 (“the debt”), calculated in the table

How much money was awarded in case 4777897?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $220.00 awarded to landlord

What type of tenancy dispute was case 4777897?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10068223-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4777897 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $240.44 (“the debt”), calculated in the table

How much money was awarded in case 4777897?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $220.00 awarded to landlord

What type of tenancy dispute was case 4777897?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10068223-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4777897 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4777897 — net $240.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$220.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$240.44
Total payable by Tenant to Landlord	$240.44

[The tenant/s] owes [The landlord/s] $240.44 (“the debt”), calculated in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $1,540.00, being $1,440.00 for rent and $100.00 for the debt. b. Payments will be every other Thursday, with the next fortnightly payment due on 21/03/2024 and continuing until the debt is paid in full.

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

If any payment of current rent or the rent arrears debt specified in order 2) above is not made within two working days of the due date as indicated in order 3) above, then the remaining rent arrears debt and filing fee will be due and payable in full immediately. This order shall be enforceable as a monetary order of the Tenancy Tribunal.

[The tenant/s] are to pay [The landlord/s] $240.44 by 5pm on Thursday 14 March 2024, being outstanding water rates.

Reasons

The agent for the landlord attended the hearing which was held by teleconference. [The tenant’s representative] attended the hearing for the tenants.

The landlord has applied for termination of the tenancy, rent arrears, unpaid water rates and refund of the bond. The tenants want 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 tenants breached their obligations by failing to pay rent when it fell due. On 4 January 2024 the landlord served a 14-day notice on the tenants but the breach was not remedied within the required period.

The tenants have put in place an instalment payment plan to repay the debt with the first payment made on 11 January 2024 and has continued fortnightly. The landlord would like this arrangement formalised.

Having heard the evidence, I am satisfied the tenants will pay the debt within the period specified in the order and is unlikely to commit any further breach. 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.

The landlord has provided water rates invoices which prove the amount owing. Filing fee & suppression order

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant a suppression order.

This is essentially a consent order and therefore it is appropriate to grant suppression of the tenants’ names and identifying details.

Order

Claims and awards in Tenancy Tribunal application 4777897 — net $240.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$220.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$240.44
Total payable by Tenant to Landlord	$240.44

[The tenant/s] owes [The landlord/s] $240.44 (“the debt”), calculated in the table below:

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

[The tenant/s] are to pay [The landlord/s] $240.44 by 5pm on Thursday 14 March 2024, being outstanding water rates.

Reasons

The agent for the landlord attended the hearing which was held by teleconference. [The tenant’s representative] attended the hearing for the tenants.

The landlord has applied for termination of the tenancy, rent arrears, unpaid water rates and refund of the bond. The tenants want to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

The conditional termination order will lapse if it is fully complied with.

The landlord has provided water rates invoices which prove the amount owing. Filing fee & suppression order

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant a suppression order.

This is essentially a consent order and therefore it is appropriate to grant suppression of the tenants’ names and identifying details.

Tenancy Tribunal case 4777897 — Rent arrears

At a glance

Tenancy Tribunal case 4777897 — 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