What was Tenancy Tribunal case 4780104 about?

The tribunal order states: Natasha Carter owes [The landlord/s] $820.44 (“the debt”) calculated as in the

How much money was awarded in case 4780104?

Filing Fee: $20.44 awarded to landlord; One Week Rent In Advance: $400.00 awarded to landlord; Rent Owing As At 27/02/2024: $400.00 awarded to landlord

What type of tenancy dispute was case 4780104?

The dispute type was not classified.

Where can I read the official tribunal order for case 4780104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10009439-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4780104 about?

The tribunal order states: Natasha Carter owes [The landlord/s] $820.44 (“the debt”) calculated as in the

How much money was awarded in case 4780104?

Filing Fee: $20.44 awarded to landlord; One Week Rent In Advance: $400.00 awarded to landlord; Rent Owing As At 27/02/2024: $400.00 awarded to landlord

What type of tenancy dispute was case 4780104?

The dispute type was not classified.

Where can I read the official tribunal order for case 4780104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10009439-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4780104 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4780104 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing as at 27/02/2024	$400.00	Rent owing as at 27/02/2024
One week rent in advance	$400.00	One week rent in advance
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Tenant to Landlord	$820.44

Natasha Carter owes [The landlord/s] $820.44 (“the debt”) calculated as in the table below.

Natasha Carter must pay rent and the debt as follows: a. By 16 weekly payments of $450.00, being $400.00 for rent and $50.00 for the debt. b. A final payment of $420.44, being $400.00 for rent and $20.44 for the debt. c. Payments will be every Tuesday, with the first payment on 05/03/2024 and continuing until 25/06/2024.

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

If the tenant fails to pay rent and rent arrears within 1 working day 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 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord’s representatives and the tenant attended the remote hearing today.

The landlord has applied for termination of the tenancy and payment of rent arrears.

The amount owing as at today is $400.00 which is one week’s rent. The tenant is also required to keep the rent paid one week in advance so another $400.00 needs to be paid. This is a total of $800.00 owing.

Weekly rent of $400.00 also needs to be paid every week.

The tenant wants to repay the debt to avoid immediate termination and the landlord agrees with this plan.

Should a conditional termination order be made?

The rent ledger shows that the rent was at least 21 days in arrears on the date the application was filed (which was on 11 January 2024).

The law says that the Tribunal must make either an immediate termination order or an order allowing repayment of the arrears by a certain date but with termination if they are not paid on time (a “conditional termination” order); section 55(1)(a) and (1A) Residential Tenancies Act 1986 (RTA).

The tenant paid a lump sum amount on 15 January 2024 and rent has mostly been paid regularly since then (a payment was missed in mid-February).

I am satisfied the tenant will repay the debt as agreed above and will now keep paying weekly rent. I have granted a conditional termination order.

The parties have agreed that the tenant will pay an extra $50.00 every week on top of weekly rent until the amount owing is paid. This is 16 payments.

If any payment of weekly rent or of the $50.00 towards the debt is more than one (1) working day late, then the tenancy will terminate, and the landlord will have the right to immediate possession of the premises (no new application to the Tribunal is required).

The conditional termination order will lapse once the debt is fully paid and 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 landlord is entitled to be awarded the filing fee and to suppression of name as it has been successful in the application.

Claims and awards in Tenancy Tribunal application 4780104 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing as at 27/02/2024	$400.00	Rent owing as at 27/02/2024
One week rent in advance	$400.00	One week rent in advance
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$820.44
Total payable by Tenant to Landlord	$820.44

Order

Natasha Carter owes [The landlord/s] $820.44 (“the debt”) calculated as in the table below.
Natasha Carter must pay rent and the debt as follows: a. By 16 weekly payments of $450.00, being $400.00 for rent and $50.00 for the debt. b. A final payment of $420.44, being $400.00 for rent and $20.44 for the debt. c. Payments will be every Tuesday, with the first payment on 05/03/2024 and continuing until 25/06/2024.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 1 working day 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 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord’s representatives and the tenant attended the remote hearing today.
The landlord has applied for termination of the tenancy and payment of rent arrears.
The amount owing as at today is $400.00 which is one week’s rent. The tenant is also required to keep the rent paid one week in advance so another $400.00 needs to be paid. This is a total of $800.00 owing.
Weekly rent of $400.00 also needs to be paid every week.
The tenant wants to repay the debt to avoid immediate termination and the landlord agrees with this plan.

Should a conditional termination order be made?

The rent ledger shows that the rent was at least 21 days in arrears on the date the application was filed (which was on 11 January 2024).
The law says that the Tribunal must make either an immediate termination order or an order allowing repayment of the arrears by a certain date but with termination if they are not paid on time (a “conditional termination” order); section 55(1)(a) and (1A) Residential Tenancies Act 1986 (RTA).
The tenant paid a lump sum amount on 15 January 2024 and rent has mostly been paid regularly since then (a payment was missed in mid-February).
I am satisfied the tenant will repay the debt as agreed above and will now keep paying weekly rent. I have granted a conditional termination order.
The parties have agreed that the tenant will pay an extra $50.00 every week on top of weekly rent until the amount owing is paid. This is 16 payments.
If any payment of weekly rent or of the $50.00 towards the debt is more than one (1) working day late, then the tenancy will terminate, and the landlord will have the right to immediate possession of the premises (no new application to the Tribunal is required).
The conditional termination order will lapse once the debt is fully paid and 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 landlord is entitled to be awarded the filing fee and to suppression of name as it has been successful in the application.

Tenancy Tribunal case 4780104 — Tenancy dispute

At a glance

Tenancy Tribunal case 4780104 — Tenancy dispute

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