What was Tenancy Tribunal case 4794499 about?

The tribunal order states: [The tenant/s] owe Brenda Currie Property Management Limited As Agent For

How much money was awarded in case 4794499?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $355.00 awarded to landlord

What type of tenancy dispute was case 4794499?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4794499?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10165287-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4794499 about?

The tribunal order states: [The tenant/s] owe Brenda Currie Property Management Limited As Agent For

How much money was awarded in case 4794499?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $355.00 awarded to landlord

What type of tenancy dispute was case 4794499?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4794499?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10165287-Tribunal_Order_Redacted.pdf.

3 Carow Street, Palmerston North, Palmerston North 4410 Tenancy Tribunal Case 4794499 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4794499 — net $375.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.4.2024	$355.00	Rent arrears to 4.4.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$375.44
Total payable by Tenant to Landlord	$375.44

[The tenant/s] owe Brenda Currie Property Management Limited As Agent For S Mcintosh $375.44 (“the debt”), calculated as shown in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By 1 payment towards the debt of $200.00 to be paid on Tuesday 9 April 2024. b. By a weekly rent payment of $555.00 on Wednesday 10 April 2024. c. By a final payment towards the debt of $175.44 on Tuesday 16 April 2024. d. By a weekly rent payment of $555.00 on Wednesday 17 April 2024, and every Wednesday from then.

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 3 Carow Street, Palmerston North, Palmerston North 4410 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

Ms Currie and Ms Fisher attended the hearing by teleconference on behalf of the landlord. [The tenant/s], one of the tenants, also attended the hearing by teleconference on behalf of the tenants.

The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986 (“RTA”).

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Because Brenda Currie Property Management Limited As Agent For S Mcintosh has been successful with the claim I must reimburse the filing fee.

The landlord did not request suppression. The tenants both requested suppression.

Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The tenant said both tenants have recently gained employment and have been making efforts to pay off rent arrears and get back on track, which is demonstrated by the reducing amount of rent arrears owing. They also have young children. The tenancy is continuing now and the debt should be paid in full shortly. In the circumstances and given the evidence, I find the tenants’ interests in not having their names published outweigh the public interest in doing so. Therefore, I order that the tenants’ names and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4794499 — net $375.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4.4.2024	$355.00	Rent arrears to 4.4.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$375.44
Total payable by Tenant to Landlord	$375.44

Order

[The tenant/s] owe Brenda Currie Property Management Limited As Agent For S Mcintosh $375.44 (“the debt”), calculated as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By 1 payment towards the debt of $200.00 to be paid on Tuesday 9 April 2024. b. By a weekly rent payment of $555.00 on Wednesday 10 April 2024. c. By a final payment towards the debt of $175.44 on Tuesday 16 April 2024. d. By a weekly rent payment of $555.00 on Wednesday 17 April 2024, and every Wednesday from then.
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 3 Carow Street, Palmerston North, Palmerston North 4410 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

Ms Currie and Ms Fisher attended the hearing by teleconference on behalf of the landlord. [The tenant/s], one of the tenants, also attended the hearing by teleconference on behalf of the tenants.
The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986 (“RTA”).
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because Brenda Currie Property Management Limited As Agent For S Mcintosh has been successful with the claim I must reimburse the filing fee.
The landlord did not request suppression. The tenants both requested suppression.
Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The tenant said both tenants have recently gained employment and have been making efforts to pay off rent arrears and get back on track, which is demonstrated by the reducing amount of rent arrears owing. They also have young children. The tenancy is continuing now and the debt should be paid in full shortly. In the circumstances and given the evidence, I find the tenants’ interests in not having their names published outweigh the public interest in doing so. Therefore, I order that the tenants’ names and identifying details are not to be published.

Tenancy Tribunal case 4794499 — Rent arrears at 3 Carow Street, Palmerston North, Palmerston North 4410

At a glance

Tenancy Tribunal case 4794499 — Rent arrears at 3 Carow Street, Palmerston North, Palmerston North 4410

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