What was the outcome of Tenancy Tribunal case 4789618?

The tribunal order states: Rebecca Clark owes Barfoot & Thompson Limited As Agent For Vinesh Pala

How much money was awarded in case 4789618?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,100.00 awarded to landlord; Water Rates: $496.31 awarded to landlord

What type of tenancy dispute was case 4789618?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789618?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10073756-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4789618?

The tribunal order states: Rebecca Clark owes Barfoot & Thompson Limited As Agent For Vinesh Pala

How much money was awarded in case 4789618?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,100.00 awarded to landlord; Water Rates: $496.31 awarded to landlord

What type of tenancy dispute was case 4789618?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4789618?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10073756-Tenancy_Tribunal_Order.pdf.

12 Finlayson Avenue, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4789618 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4789618 — net $4,616.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 March 2024	$4,100.00	Rent arrears to 14 March 2024
Water rates	$496.31	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,616.75
Total payable by Tenant to Landlord	$4,616.75

Rebecca Clark owes Barfoot & Thompson Limited As Agent For Vinesh Pala $4,616.75 (“the debt”), per the table below:

Rebecca Clark must pay rent and the debt as follows: a. By 2 weekly payments of $620.00, for rent, due firstly on Friday 15 March 2024 and then again on Friday 22 March 2024. b. A final payment of $4,616.75, being the debt, on or before Friday 22 March 2024.

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

If the tenant fails to pay rent, rent arrears or the water rates within 2 working days of the due dates: a. The tenancy at 12 Finlayson Avenue, Clendon Park, Auckland 2103 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, conducted via teleconference. Ms Aman Kaur represented the landlord.

The landlord has applied for termination of the tenancy, rent arrears, and water rates. 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 landlord applied for termination also via s 55(1) RTA. The question of whether rent was 21 days or more in arrears at the date of filing had been raised previously by Tenancy Services and was again questioned by me. My reading of the rent summary as submitted varies from the landlord’s interpretation and I do not find 21 days established. Regardless, if I accepted a section 56 notice to terminate, the rent arrears at the date of the hearing is such that s 56(2) would apply regardless – that would have brought the matter into s

While not totally certain procedurally, the notice of hearing referenced termination and both s 55 and s 56 so I consider the tenant was served and aware of the landlord desire to terminate the tenancy.

Such consideration may be moot as section 55 (1A) provides the Tribunal may, instead of making a final termination order for the non-payment of rent under subsection s 55(1)(a), make a conditional order. As much as the history of rent payments makes future predictions regarding rent payments no sure bet, I have, by a very fine margin, determined the tenant be given a final opportunity to pay the rent arrears and water rates in the short-term, as well as pay current rent in full as due. I hope she understands that without a significant change in payments of rent and water as due, assuming the conditions in this order are satisfied, the continuation of this tenancy is doubtful.

The tenant breached their obligations by failing to pay rent arrears and water rates. On 23 January 2024 the landlord served a 14-day notice on the tenant regarding rent arrears, but the breach was not remedied within the required period. A further notice to remedy was served on 27 February 2024 regarding water rates. Behind these notices are three prior landlord applications to the Tribunal. The landlord is understandably frustrated.

Having heard the evidence, I am (just) satisfied the tenant should be given the opportunity to pay the debt and rent 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. 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. Other matters

The tenant raised maintenance issues as well as a breach notice regarding a dog. She further wanted a second person she had proposed as a second tenant to join the tenancy. None of these form part of this order. As advised, such matters, if unresolved, and subject to a claim against the landlord, should present via a tenant application.

Communication, or the lack of, between the landlord and tenant were raised by the tenant. Effective communication requires both parties to engage. The use of written communication for the avoidance of doubt is suggested. Application filing fee

Because Barfoot & Thompson Limited As Agent For Vinesh Pala has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4789618 — net $4,616.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 March 2024	$4,100.00	Rent arrears to 14 March 2024
Water rates	$496.31	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,616.75
Total payable by Tenant to Landlord	$4,616.75

Order

Rebecca Clark owes Barfoot & Thompson Limited As Agent For Vinesh Pala $4,616.75 (“the debt”), per the table below:
Rebecca Clark must pay rent and the debt as follows: a. By 2 weekly payments of $620.00, for rent, due firstly on Friday 15 March 2024 and then again on Friday 22 March 2024. b. A final payment of $4,616.75, being the debt, on or before Friday 22 March 2024.
Payments will be allocated in the following order: rent, rent arrears, water rates, and the filing fee.
If the tenant fails to pay rent, rent arrears or the water rates within 2 working days of the due dates: a. The tenancy at 12 Finlayson Avenue, Clendon Park, Auckland 2103 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, conducted via teleconference. Ms Aman Kaur represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears, and water rates. 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 landlord applied for termination also via s 55(1) RTA. The question of whether rent was 21 days or more in arrears at the date of filing had been raised previously by Tenancy Services and was again questioned by me. My reading of the rent summary as submitted varies from the landlord’s interpretation and I do not find 21 days established. Regardless, if I accepted a section 56 notice to terminate, the rent arrears at the date of the hearing is such that s 56(2) would apply regardless – that would have brought the matter into s
While not totally certain procedurally, the notice of hearing referenced termination and both s 55 and s 56 so I consider the tenant was served and aware of the landlord desire to terminate the tenancy.
Such consideration may be moot as section 55 (1A) provides the Tribunal may, instead of making a final termination order for the non-payment of rent under subsection s 55(1)(a), make a conditional order. As much as the history of rent payments makes future predictions regarding rent payments no sure bet, I have, by a very fine margin, determined the tenant be given a final opportunity to pay the rent arrears and water rates in the short-term, as well as pay current rent in full as due. I hope she understands that without a significant change in payments of rent and water as due, assuming the conditions in this order are satisfied, the continuation of this tenancy is doubtful.
The tenant breached their obligations by failing to pay rent arrears and water rates. On 23 January 2024 the landlord served a 14-day notice on the tenant regarding rent arrears, but the breach was not remedied within the required period. A further notice to remedy was served on 27 February 2024 regarding water rates. Behind these notices are three prior landlord applications to the Tribunal. The landlord is understandably frustrated.
Having heard the evidence, I am (just) satisfied the tenant should be given the opportunity to pay the debt and rent 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. 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. Other matters
The tenant raised maintenance issues as well as a breach notice regarding a dog. She further wanted a second person she had proposed as a second tenant to join the tenancy. None of these form part of this order. As advised, such matters, if unresolved, and subject to a claim against the landlord, should present via a tenant application.
Communication, or the lack of, between the landlord and tenant were raised by the tenant. Effective communication requires both parties to engage. The use of written communication for the avoidance of doubt is suggested. Application filing fee
Because Barfoot & Thompson Limited As Agent For Vinesh Pala has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4789618 — Rent arrears at 12 Finlayson Avenue, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 4789618 — Rent arrears at 12 Finlayson Avenue, Clendon Park, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions