What was Tenancy Tribunal case 4783297 about?

The tribunal order states: The tenancy of Christine Jane Mercer and Reuben Victor Topi Elliot at Unit/Flat

How much money was awarded in case 4783297?

Filing Fee: $20.44 awarded to landlord; Rent: $5,500.00 awarded to landlord

What type of tenancy dispute was case 4783297?

The dispute type was not classified.

Where can I read the official tribunal order for case 4783297?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9991449-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4783297 about?

The tribunal order states: The tenancy of Christine Jane Mercer and Reuben Victor Topi Elliot at Unit/Flat

How much money was awarded in case 4783297?

Filing Fee: $20.44 awarded to landlord; Rent: $5,500.00 awarded to landlord

What type of tenancy dispute was case 4783297?

The dispute type was not classified.

Where can I read the official tribunal order for case 4783297?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9991449-Tribunal_Order_Redacted.pdf.

Unit/Flat C, 4 Alva Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 4783297 — Tenancy dispute

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Unit/Flat C, 4 Alva Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 4783297 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4783297 — net $3,320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 22 February 2024	$5,500.00	Rent to 22 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,320.44
Total payable by Tenant to Landlord	$3,320.44

Claims and awards for application 4783297 — net $3,320.44 NZD. Verify on MoJ.

Rent to 22 February 2024

Amount: $5,500.00
Awarded to: Landlord
Reason: Rent to 22 February 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,320.44

Total payable by Tenant to Landlord

Landlord $3,320.44

Claim types — money lines allowed on this order

Filing Fee

Order

The tenancy of Christine Jane Mercer and Reuben Victor Topi Elliot at Unit/Flat C, 4 Alva Street, Dunedin Central, Dunedin 9016 is terminated, and possession is granted to [The landlord/s], at midnight on Monday 26 February 2024.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Christine Jane Mercer and Reuben Victor Topi Elliot must pay [The landlord/s] $3,320.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing by telephone today. I was unable to contact Mr Elliot (no telephone number was available). I understand he has left the premises but has not been formally removed from the tenancy.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Rent was at least 21 days in arrears on the date the application was filed. The rent arrears on 17 January 2024 were $2,671.43. The arrears are now $5,500.00 according to the landlord. The rent is $550.00 per week so the rent is 70 days in arrears.
The tenant explained why she has been unable to pay the rent. She is now working again and is trying to get her benefits restarted. The tenant said it had not been possible to restart her benefits because the other tenant needed to be removed from the tenancy and she needed a letter confirming the arrears and that there would be no eviction. The landlord adamantly opposed a conditional termination order and requested termination. The landlord said they would face the same situation again if a conditional order was made.
Given the extent of the arrears, I consider it would be unjust to impose a conditional termination order on the landlord. It is not clear that the rent arrears will be paid off within a known and specific timeframe. Possible assistance from WINZ appears conditional on certain information being provided. There is nothing in writing from WINZ confirming their position, and the landlord is not obliged to have dealings with them. There is insufficient certainty about when the arrears will be paid to avoid termination.
The tenancy is terminated pursuant to 55(1)(a) of the Residential Tenancies Act 1986. Filing fee and suppression
The landlord must be awarded the filing fee.
The landlord is granted name suppression, as requested.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4783297 — net $3,320.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 22 February 2024	$5,500.00	Rent to 22 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,320.44
Total payable by Tenant to Landlord	$3,320.44

Claims and awards for application 4783297 — net $3,320.44 NZD. Verify on MoJ.

Rent to 22 February 2024

Amount: $5,500.00
Awarded to: Landlord
Reason: Rent to 22 February 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,320.44

Total payable by Tenant to Landlord

Landlord $3,320.44

Claim types — money lines allowed on this order

Filing Fee

Order

The tenancy of Christine Jane Mercer and Reuben Victor Topi Elliot at Unit/Flat C, 4 Alva Street, Dunedin Central, Dunedin 9016 is terminated, and possession is granted to [The landlord/s], at midnight on Monday 26 February 2024.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Christine Jane Mercer and Reuben Victor Topi Elliot must pay [The landlord/s] $3,320.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing by telephone today. I was unable to contact Mr Elliot (no telephone number was available). I understand he has left the premises but has not been formally removed from the tenancy.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Rent was at least 21 days in arrears on the date the application was filed. The rent arrears on 17 January 2024 were $2,671.43. The arrears are now $5,500.00 according to the landlord. The rent is $550.00 per week so the rent is 70 days in arrears.
The tenant explained why she has been unable to pay the rent. She is now working again and is trying to get her benefits restarted. The tenant said it had not been possible to restart her benefits because the other tenant needed to be removed from the tenancy and she needed a letter confirming the arrears and that there would be no eviction. The landlord adamantly opposed a conditional termination order and requested termination. The landlord said they would face the same situation again if a conditional order was made.
Given the extent of the arrears, I consider it would be unjust to impose a conditional termination order on the landlord. It is not clear that the rent arrears will be paid off within a known and specific timeframe. Possible assistance from WINZ appears conditional on certain information being provided. There is nothing in writing from WINZ confirming their position, and the landlord is not obliged to have dealings with them. There is insufficient certainty about when the arrears will be paid to avoid termination.
The tenancy is terminated pursuant to 55(1)(a) of the Residential Tenancies Act 1986. Filing fee and suppression
The landlord must be awarded the filing fee.
The landlord is granted name suppression, as requested.

Tenancy Tribunal case 4783297 — Tenancy dispute at Unit/Flat C, 4 Alva Street, Dunedin Central, Dunedin 9016

At a glance

Award balance

Tenancy Tribunal case 4783297 — Tenancy dispute at Unit/Flat C, 4 Alva Street, Dunedin Central, Dunedin 9016

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions