What was Tenancy Tribunal case 4782484 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $52,551.87 (“the debt”), calculated in the

How much money was awarded in case 4782484?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,620.00 awarded to landlord

What type of tenancy dispute was case 4782484?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4782484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10380927-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4782484 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $52,551.87 (“the debt”), calculated in the

How much money was awarded in case 4782484?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,620.00 awarded to landlord

What type of tenancy dispute was case 4782484?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4782484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10380927-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4782484 — Rent arrears

Claims and awards in Tenancy Tribunal application 4782484 — net $1,640.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 09/05/2024	$1,620.00	Rent arrears to 09/05/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,640.44
Total payable by Tenant to Landlord	$1,640.44

Order

[The tenant/s] owes [The landlord/s] $52,551.87 (“the debt”), calculated in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $660.00, being $610.00 for rent and $50.00 for the debt. b. The first payment will commence on Friday 31 May 2024 and payments will continue weekly on a Friday until the debt 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.

Reasons

Both parties attended the hearing which was held by teleconference on 8 May 2024.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Is rent arrears owed by the tenant?

The landlord claimed rent arrears of $1,620.00 owing to 9 May 2024 and has produced rent records from the owner from the start of the tenancy (31 August 2020) and a rent summary from [the landlord] when it took over management of the tenancy (27 May 2022) in support of the claim.
The tenant disputed the amount of rent arrears claimed by the landlord. By email dated 15 April 2024 to the Tribunal, the tenant stated: Please find payments made from me [the tenant] (Tenant) of [the tenancy address], which [the landlord] missed out on their Report dated the 11/04/2024. 23/05/2022 - $580 payment to [the landlord] Monday 25/05/2022 – Made the first payment to We rent $580 which was a Wednesday 28/04/2023 - $10 23/03/2023 - $10 30/03/2023 - $10 06/04/2023 - $10 13/04/2023 - $10 20/04/2023 - $10 27/04/2023 - $10 28/04/2023 - $50 04/05/2023 - $10 11/05/2023 - $10 18/05/2023 - $10 25/05/2023 - $10 01/06/2023 - $10 08/06/2023 - $10 15/06/2023 - $10 22/06/2023 - $10 29/06/2023 - $10 06/07/2023 - $10 13/07/2023 - $10 20/07/2023 - $10 27/07/2023 - $10 03/08/2023 - $10 10/08/2023 - $30 16/08/2023 - $30 Payment made $630 but report says $600 17/08/2023 - $30 24/08/2023 - $30 31/08/2023 - $30 07/09/2023 - $30 Total = $960 not shown on [the landlord] Report Total Weeks at the address = 97 weeks to the week ending 5 th April 2024 71 weeks x $580 = $41,180.00 26 weeks x $610 = 15860.00 Total Weeks at the address = 97 weeks Total = $57,040.00 Total payment made $56,960.00 so its $80 owing according to [the landlord] report. I am working on the payment I made and I will send asap.
The hearing was briefly adjourned for the tenant to provide evidence to support the above payments. On 9 May 2024, the tenant provided to the Tribunal her bank statements.
The tenant has argued that a payment of $580.00 was paid to the owner on 23 May 2022 but has not provided any independent evidence to support her view. I find this payment has not been proved and therefore cannot be taken into account.
The other payments listed by the tenant above are relevant to the period when [the landlord] took over management of the tenancy. These payments mainly relate to an arrangement the tenant made with the landlord towards water arrears and rent arrears owing at that time. In the tenant’s email of 16 March 2023 to [the landlord], the tenant stated: Hi Judy, I will start today 16/03/2023 paying $10 per week for water arrears, I have paid $61.60 and I will screen shot receipt when I get home. With the Rent I will pay $50 per week but if I have extra $ I will put in so, I increase the rent to $630 per week until arrears cleared and I pay $10 for water.
As I explained to the tenant at the hearing, it was a condition of her Tenancy Agreement that she pay Water Rates. Although she may not have paid this from the start, she is still liable to pay. The landlord was within its rights to allocate payment from the tenant to outstanding water as per the arrangement agreed by the tenant. I note the landlord produced records showing that there was still unpaid water charges outstanding. The tenant queried the amount owing. The tenant is encouraged to liaise directly with the landlord to resolve this issue.
Other than the payment of $580.00 to the owner on 23 May 2022 (which has not been proved), all the other amounts listed by the tenant in her email of 15 April 2024 have been accounted for in the landlord’s records either as payments towards rent or unpaid water rates.
I have considered all the evidence carefully. In my assessment, my calculations are as follows: PeriodRent Total weeksRent due When tenancy managed by owner 31/08/2020 to 26/05/2022$580 per week90 weeks$52,532.43 Less total rent paid by the tenant $580 per week$52,532.43 When tenancy managed by [the landlord] 27/05/2022 to 12/10/2023$580 per week72 weeks$41,760.00 13/10/2023 to 09/05/2024$610 per week30 weeks$18,300.00 Total rent due$60,060.00 Less total rent paid by the tenant (incl $580 paid on 25/05/2022) $58,440.00 Rent arrears to 09/05/2024 $1,620.00
I find the landlord has proved it’s claim of rent arrears owing to 9 May 2024, being $1,620.00.

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 to pay rent when it was due. The landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.
As discussed at the hearing with the parties, in the event that the Tribunal finds rent arrears owed the tenant wants to repay the debt to avoid immediate termination.
By consent, the tenant agreed to a payment plan of $50.00 per week in addition to normal weekly rent of $610.00. This was agreed by the landlord. Payments are to commence on Friday 31 May 2024.
I have therefore 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 has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.
Given this is essentially a consent order, I consider it reasonable to suppress the tenant and landlord’s names and identifying details.
Regrettably, there has been a delay in sending this order to the parties. I mistakenly thought the order had been sent some time ago. I apologise for this oversight and any inconvenience this may have caused the parties.

Claims and awards in Tenancy Tribunal application 4782484 — net $1,640.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 09/05/2024	$1,620.00	Rent arrears to 09/05/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,640.44
Total payable by Tenant to Landlord	$1,640.44

Order

[The tenant/s] owes [The landlord/s] $52,551.87 (“the debt”), calculated in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $660.00, being $610.00 for rent and $50.00 for the debt. b. The first payment will commence on Friday 31 May 2024 and payments will continue weekly on a Friday until the debt 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.

Reasons

Both parties attended the hearing which was held by teleconference on 8 May 2024.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Is rent arrears owed by the tenant?

The landlord claimed rent arrears of $1,620.00 owing to 9 May 2024 and has produced rent records from the owner from the start of the tenancy (31 August 2020) and a rent summary from [the landlord] when it took over management of the tenancy (27 May 2022) in support of the claim.
The tenant disputed the amount of rent arrears claimed by the landlord. By email dated 15 April 2024 to the Tribunal, the tenant stated: Please find payments made from me [the tenant] (Tenant) of [the tenancy address], which [the landlord] missed out on their Report dated the 11/04/2024. 23/05/2022 - $580 payment to [the landlord] Monday 25/05/2022 – Made the first payment to We rent $580 which was a Wednesday 28/04/2023 - $10 23/03/2023 - $10 30/03/2023 - $10 06/04/2023 - $10 13/04/2023 - $10 20/04/2023 - $10 27/04/2023 - $10 28/04/2023 - $50 04/05/2023 - $10 11/05/2023 - $10 18/05/2023 - $10 25/05/2023 - $10 01/06/2023 - $10 08/06/2023 - $10 15/06/2023 - $10 22/06/2023 - $10 29/06/2023 - $10 06/07/2023 - $10 13/07/2023 - $10 20/07/2023 - $10 27/07/2023 - $10 03/08/2023 - $10 10/08/2023 - $30 16/08/2023 - $30 Payment made $630 but report says $600 17/08/2023 - $30 24/08/2023 - $30 31/08/2023 - $30 07/09/2023 - $30 Total = $960 not shown on [the landlord] Report Total Weeks at the address = 97 weeks to the week ending 5 th April 2024 71 weeks x $580 = $41,180.00 26 weeks x $610 = 15860.00 Total Weeks at the address = 97 weeks Total = $57,040.00 Total payment made $56,960.00 so its $80 owing according to [the landlord] report. I am working on the payment I made and I will send asap.
The hearing was briefly adjourned for the tenant to provide evidence to support the above payments. On 9 May 2024, the tenant provided to the Tribunal her bank statements.
The tenant has argued that a payment of $580.00 was paid to the owner on 23 May 2022 but has not provided any independent evidence to support her view. I find this payment has not been proved and therefore cannot be taken into account.
The other payments listed by the tenant above are relevant to the period when [the landlord] took over management of the tenancy. These payments mainly relate to an arrangement the tenant made with the landlord towards water arrears and rent arrears owing at that time. In the tenant’s email of 16 March 2023 to [the landlord], the tenant stated: Hi Judy, I will start today 16/03/2023 paying $10 per week for water arrears, I have paid $61.60 and I will screen shot receipt when I get home. With the Rent I will pay $50 per week but if I have extra $ I will put in so, I increase the rent to $630 per week until arrears cleared and I pay $10 for water.
As I explained to the tenant at the hearing, it was a condition of her Tenancy Agreement that she pay Water Rates. Although she may not have paid this from the start, she is still liable to pay. The landlord was within its rights to allocate payment from the tenant to outstanding water as per the arrangement agreed by the tenant. I note the landlord produced records showing that there was still unpaid water charges outstanding. The tenant queried the amount owing. The tenant is encouraged to liaise directly with the landlord to resolve this issue.
Other than the payment of $580.00 to the owner on 23 May 2022 (which has not been proved), all the other amounts listed by the tenant in her email of 15 April 2024 have been accounted for in the landlord’s records either as payments towards rent or unpaid water rates.
I have considered all the evidence carefully. In my assessment, my calculations are as follows: PeriodRent Total weeksRent due When tenancy managed by owner 31/08/2020 to 26/05/2022$580 per week90 weeks$52,532.43 Less total rent paid by the tenant $580 per week$52,532.43 When tenancy managed by [the landlord] 27/05/2022 to 12/10/2023$580 per week72 weeks$41,760.00 13/10/2023 to 09/05/2024$610 per week30 weeks$18,300.00 Total rent due$60,060.00 Less total rent paid by the tenant (incl $580 paid on 25/05/2022) $58,440.00 Rent arrears to 09/05/2024 $1,620.00
I find the landlord has proved it’s claim of rent arrears owing to 9 May 2024, being $1,620.00.

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 to pay rent when it was due. The landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.
As discussed at the hearing with the parties, in the event that the Tribunal finds rent arrears owed the tenant wants to repay the debt to avoid immediate termination.
By consent, the tenant agreed to a payment plan of $50.00 per week in addition to normal weekly rent of $610.00. This was agreed by the landlord. Payments are to commence on Friday 31 May 2024.
I have therefore 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 has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.
Given this is essentially a consent order, I consider it reasonable to suppress the tenant and landlord’s names and identifying details.
Regrettably, there has been a delay in sending this order to the parties. I mistakenly thought the order had been sent some time ago. I apologise for this oversight and any inconvenience this may have caused the parties.

Tenancy Tribunal case 4782484 — Rent arrears

At a glance

Tenancy Tribunal case 4782484 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Is rent arrears owed by the tenant?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is rent arrears owed by the tenant?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions