What was Tenancy Tribunal case 4790217 about?

The tribunal order states: Anzac Ilalio must pay [The landlord/s] $1,248.02 immediately, calculated as

How much money was awarded in case 4790217?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4749571 D…: $20.44 awarded to landlord; Rent Arrears: $1,207.14 awarded to landlord

What type of tenancy dispute was case 4790217?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4790217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10030238-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4790217 about?

The tribunal order states: Anzac Ilalio must pay [The landlord/s] $1,248.02 immediately, calculated as

How much money was awarded in case 4790217?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4749571 D…: $20.44 awarded to landlord; Rent Arrears: $1,207.14 awarded to landlord

What type of tenancy dispute was case 4790217?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4790217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10030238-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4790217 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4790217 — net $1,248.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,207.14	Rent arrears
Previous order application 4749571 dated 08/01/2024	$20.44	Previous order application 4749571 dated 08/01/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,248.02
Total payable by Tenant to Landlord	$1,248.02

Anzac Ilalio must pay [The landlord/s] $1,248.02 immediately, calculated as shown in the table below:

This order incorporates the Tribunal mediated order sealed on 8 January 2024 under application 4749571.

Anzac Ilalio must pay rent and the debt as follows: a. By 12 weekly payments of $610.00, being $510.00 for rent and $100.00 for the debt. b. A final payment of $558.02, being $510.00 for rent and $48.02 for the debt. c. Payments will be every Monday, with the first payment on 04/03/2024 and continuing until 27/05/2024.

Payments will be allocated in the following order: rent, rent arrears, the previous filing fee, and this 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 previous order fee, or this filing fee within 2 working days of the due date, the previous order fee and this filing fee will be payable immediately.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call was answered and the tenant joined 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.

The tenant breached their obligations by failing to pay rent as due. On 19 December 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. A mediated order was subsequently made where the tenant promised to pay rent and contribute towards the rent arrears. He failed to do this. It would be inequitable to refuse to terminate the tenancy.

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) 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. Previous order

On 8 January 2024 the Tribunal sealed a mediated order relating to this tenancy, for rent arrears and the filing fee. The previous order is incorporated into this order for enforcement purposes, the rent arrears are included in the rent arrears total and the filing fee is returned separately. Application filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 4790217 — net $1,248.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,207.14	Rent arrears
Previous order application 4749571 dated 08/01/2024	$20.44	Previous order application 4749571 dated 08/01/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,248.02
Total payable by Tenant to Landlord	$1,248.02

Order

Anzac Ilalio must pay [The landlord/s] $1,248.02 immediately, calculated as shown in the table below:
This order incorporates the Tribunal mediated order sealed on 8 January 2024 under application 4749571.
Anzac Ilalio must pay rent and the debt as follows: a. By 12 weekly payments of $610.00, being $510.00 for rent and $100.00 for the debt. b. A final payment of $558.02, being $510.00 for rent and $48.02 for the debt. c. Payments will be every Monday, with the first payment on 04/03/2024 and continuing until 27/05/2024.
Payments will be allocated in the following order: rent, rent arrears, the previous filing fee, and this 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 previous order fee, or this filing fee within 2 working days of the due date, the previous order fee and this filing fee will be payable immediately.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call was answered and the tenant joined 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.
The tenant breached their obligations by failing to pay rent as due. On 19 December 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. A mediated order was subsequently made where the tenant promised to pay rent and contribute towards the rent arrears. He failed to do this. It would be inequitable to refuse to terminate the tenancy.
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) 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. Previous order
On 8 January 2024 the Tribunal sealed a mediated order relating to this tenancy, for rent arrears and the filing fee. The previous order is incorporated into this order for enforcement purposes, the rent arrears are included in the rent arrears total and the filing fee is returned separately. Application filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 4790217 — Rent arrears

At a glance

Tenancy Tribunal case 4790217 — Rent arrears

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