What was Tenancy Tribunal case 4780828 about?

The tribunal order states: John Daly owes [The landlord/s] $2,101.21 (“the debt”) calculated as shown in

How much money was awarded in case 4780828?

Filing Fee: $20.44 awarded to landlord; Rent Owed: $2,080.77 awarded to landlord

What type of tenancy dispute was case 4780828?

The dispute type was not classified.

Where can I read the official tribunal order for case 4780828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10012296-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4780828 about?

The tribunal order states: John Daly owes [The landlord/s] $2,101.21 (“the debt”) calculated as shown in

How much money was awarded in case 4780828?

Filing Fee: $20.44 awarded to landlord; Rent Owed: $2,080.77 awarded to landlord

What type of tenancy dispute was case 4780828?

The dispute type was not classified.

Where can I read the official tribunal order for case 4780828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10012296-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4780828 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4780828 — net $2,101.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 29 February 2024	$2,080.77	Rent owed to 29 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,101.21
Total payable by Tenant to Landlord	$2,101.21

John Daly owes [The landlord/s] $2,101.21 (“the debt”) calculated as shown in the table:

John Daly must pay rent and the debt as follows: a. By weekly payments of $850.00, being $750.00 for rent and $100.00 for the debt. b. Payments will be every Friday, with the first payment on 01/03/2024 and continuing until the money is paid in full.

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 2 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 2 working days of the due date, the filing fee will be payable immediately.

More payments can be made at any time.

This order incorporates the mediated orders made on 4 September 2023 under application 4654649 and on 5 December 2023 under application 4724131.

Reasons

Both parties attended the hearing.

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 (RTA).

The tenant breached their obligations by not paying rent and not paying rent one week in advance. On 22 December 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. I find it would be inequitable to refuse to terminate the tenancy because of the persistent arrears during this tenancy, despite two mediated orders and this application.

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 granted a conditional termination. See section 78(3) RTA.

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) RTA.

There are two mediated orders made on 4 September 2023 under application 4654649 and on 5 December 2023 under application 4724131. These are incorporated into this order for enforcement purposes.

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because of the breaches to the RTA.

Claims and awards in Tenancy Tribunal application 4780828 — net $2,101.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 29 February 2024	$2,080.77	Rent owed to 29 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,101.21
Total payable by Tenant to Landlord	$2,101.21

Order

John Daly owes [The landlord/s] $2,101.21 (“the debt”) calculated as shown in the table:
John Daly must pay rent and the debt as follows: a. By weekly payments of $850.00, being $750.00 for rent and $100.00 for the debt. b. Payments will be every Friday, with the first payment on 01/03/2024 and continuing until the money is paid in full.
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 2 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 2 working days of the due date, the filing fee will be payable immediately.
More payments can be made at any time.
This order incorporates the mediated orders made on 4 September 2023 under application 4654649 and on 5 December 2023 under application 4724131.

Reasons

Both parties attended the hearing.
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 (RTA).
The tenant breached their obligations by not paying rent and not paying rent one week in advance. On 22 December 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. I find it would be inequitable to refuse to terminate the tenancy because of the persistent arrears during this tenancy, despite two mediated orders and this application.
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 granted a conditional termination. See section 78(3) RTA.
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) RTA.
There are two mediated orders made on 4 September 2023 under application 4654649 and on 5 December 2023 under application 4724131. These are incorporated into this order for enforcement purposes.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because of the breaches to the RTA.

Tenancy Tribunal case 4780828 — Tenancy dispute

At a glance

Tenancy Tribunal case 4780828 — 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

At a glance

At a glance

Award balance

Claims & awards

Order

ORDER MADE BY CONSENT

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

ORDER MADE BY CONSENT

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions