How much money was awarded in case 4791182?

Filing Fee: $20.44 awarded to landlord; Rent Owed: $1,560.00 awarded to landlord

What type of tenancy dispute was case 4791182?

The dispute type was not classified.

Where can I read the official tribunal order for case 4791182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10097642-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4791182?

Filing Fee: $20.44 awarded to landlord; Rent Owed: $1,560.00 awarded to landlord

What type of tenancy dispute was case 4791182?

The dispute type was not classified.

Where can I read the official tribunal order for case 4791182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10097642-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4791182 — Tenancy dispute

Q: What was Tenancy Tribunal case 4791182 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4791182 — net $1,580.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 21 March 2024	$1,560.00	Rent owed to 21 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,580.44
Total payable by Tenant to Landlord	$1,580.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.

[The landlord/s] is added as a landlord party in these proceedings.

The tenant name [Redacted] is amended to [Redacted].

[The tenant/s] owes [The landlord/s] $1,580.44 (“the debt”) calculated as shown in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By payment of $2160.44 on Friday 22 March 2024 being $580.00 for rent and $1560.00 for the debt.

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 date: DescriptionLandlord Rent owed to 21 March 2024$1,560.00 Filing fee reimbursement$20.44 Total award$1,580.44 Total payable by Tenant to Landlord$1,580.44 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 took place by teleconference.

[The landlord/s] Is a joint owner of the property and although not on the tenancy agreement is added as a party to these proceedings as a joint landlord.

The tenant name [Redacted] is amended to [Redacted] as recorded on the bond lodgement form.

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 when due. On 31 December 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the rent has been in arrears for an extended period. The tenants explained that this arose due to challenging family circumstances including the premature birth of their fourth child which required [The tenant/s] having to take unpaid leave from work.

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. The tenants have paid their rent consistently since December 2023 and the arrears have not increased. They advise that WINZ have agreed to make a lump sum payment to pay off the arrears but are awaiting an order of the Tribunal.

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.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression. Having considered the factors in this case the Tribunal grants suppression of all party details.

Claims and awards in Tenancy Tribunal application 4791182 — net $1,580.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 21 March 2024	$1,560.00	Rent owed to 21 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,580.44
Total payable by Tenant to Landlord	$1,580.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The landlord/s] is added as a landlord party in these proceedings.
The tenant name [Redacted] is amended to [Redacted].
[The tenant/s] owes [The landlord/s] $1,580.44 (“the debt”) calculated as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By payment of $2160.44 on Friday 22 March 2024 being $580.00 for rent and $1560.00 for the debt.
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 date: DescriptionLandlord Rent owed to 21 March 2024$1,560.00 Filing fee reimbursement$20.44 Total award$1,580.44 Total payable by Tenant to Landlord$1,580.44 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 took place by teleconference.
[The landlord/s] Is a joint owner of the property and although not on the tenancy agreement is added as a party to these proceedings as a joint landlord.
The tenant name [Redacted] is amended to [Redacted] as recorded on the bond lodgement form.
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 when due. On 31 December 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the rent has been in arrears for an extended period. The tenants explained that this arose due to challenging family circumstances including the premature birth of their fourth child which required [The tenant/s] having to take unpaid leave from work.
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. The tenants have paid their rent consistently since December 2023 and the arrears have not increased. They advise that WINZ have agreed to make a lump sum payment to pay off the arrears but are awaiting an order of the Tribunal.
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.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression. Having considered the factors in this case the Tribunal grants suppression of all party details.

Tenancy Tribunal case 4791182 — Tenancy dispute

At a glance

Tenancy Tribunal case 4791182 — 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