What was Tenancy Tribunal case 4795978 about?

The tribunal order states: Sachindr Kumar, Lori Griffiths and Sain Cois Trent must pay the debt of

How much money was awarded in case 4795978?

Rent Arrears: $4,640.00 awarded to landlord

What type of tenancy dispute was case 4795978?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4795978?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9980848-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4795978 about?

The tribunal order states: Sachindr Kumar, Lori Griffiths and Sain Cois Trent must pay the debt of

How much money was awarded in case 4795978?

Rent Arrears: $4,640.00 awarded to landlord

What type of tenancy dispute was case 4795978?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4795978?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9980848-Tribunal_Order_Redacted.pdf.

Unit/Flat 1, 28 Childers Terrace, Kilbirnie, Wellington 6022 Tenancy Tribunal Case 4795978 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4795978 — net $4,640.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,640.00	Rent arrears
Net award	$4,640.00
Total payable by Tenant to Landlord	$4,640.00

Sachindr Kumar, Lori Griffiths and Sain Cois Trent must pay the debt of $4,639.99 on 28/02/2024.

Additionally, weekly rent of $990, rent is due on 21 February 2024. If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 28 Childers Terrace, Kilbirnie, Wellington 6022 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. c. The filing fee will be payable.

If the tenant fails to pay the rent within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

[The landlord’s representative] appeared for the landlord, Ms Trent attended the hearing, but neither Mr Kumar, nor Ms Griffiths made an appearance.

The tenancy began on 16 August 2023, and it appears that rent arrears began to accrue almost immediately, as Ms Griffiths was not paying her share. She has subsequently moved out. There has been some confusion around a change of landlord’s agent and payments continued to be made to the previous agent, however, I am satisfied that the rent summary provided by the landlord captures the payments made and the arrears currently outstanding.

The rent summary shows that there has been reasonably consistent payment of two thirds of the rent. This confirms to me that Mr Kumar and Ms Trent have fulfilled their individual obligations. However, as tenants in common with Ms Griffiths their obligation is to pay the entire rent.

I note that the landlord's notices of arrears were provided to Mr Kumar on 18 January and 8 February 2024, and that this application was made on 31 January 2024.

Ms Trent advises that she and Mr Kumar have been speaking with WINZ regarding the payment of arrears, but it appears that this process has been delayed by WINZ’s confusion around the payment of the bond, however, the landlord advises that no bond has been lodged for this tenancy. Ms Trent and Mr Kumar have organised to meet with WINZ to arrange for the arrears to be paid.

I note the reasonably tight timeframes in which this application has been made. Ms Trent advises that she and Mr Kumar will be covering the rent moving forward, and I am satisfied that they have taken steps with WINZ for the arrears to be cleared.

The landlord has applied for termination of the tenancy, 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.

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. This order gives the landlord the opportunity to have the arrears paid by allowing the process begun with WINZ to be carried through. If the debt remains unpaid, however, the tenancy will be terminated. The tenants have asked for this opportunity, but in the event of a further application, it is unlikely that the same opportunity will be provided.

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 [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4795978 — net $4,640.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,640.00	Rent arrears
Net award	$4,640.00
Total payable by Tenant to Landlord	$4,640.00

Order

Sachindr Kumar, Lori Griffiths and Sain Cois Trent must pay the debt of $4,639.99 on 28/02/2024.
Additionally, weekly rent of $990, rent is due on 21 February 2024. If the tenants fail to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 28 Childers Terrace, Kilbirnie, Wellington 6022 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. c. The filing fee will be payable.
If the tenant fails to pay the rent within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

[The landlord’s representative] appeared for the landlord, Ms Trent attended the hearing, but neither Mr Kumar, nor Ms Griffiths made an appearance.
The tenancy began on 16 August 2023, and it appears that rent arrears began to accrue almost immediately, as Ms Griffiths was not paying her share. She has subsequently moved out. There has been some confusion around a change of landlord’s agent and payments continued to be made to the previous agent, however, I am satisfied that the rent summary provided by the landlord captures the payments made and the arrears currently outstanding.
The rent summary shows that there has been reasonably consistent payment of two thirds of the rent. This confirms to me that Mr Kumar and Ms Trent have fulfilled their individual obligations. However, as tenants in common with Ms Griffiths their obligation is to pay the entire rent.
I note that the landlord's notices of arrears were provided to Mr Kumar on 18 January and 8 February 2024, and that this application was made on 31 January 2024.
Ms Trent advises that she and Mr Kumar have been speaking with WINZ regarding the payment of arrears, but it appears that this process has been delayed by WINZ’s confusion around the payment of the bond, however, the landlord advises that no bond has been lodged for this tenancy. Ms Trent and Mr Kumar have organised to meet with WINZ to arrange for the arrears to be paid.
I note the reasonably tight timeframes in which this application has been made. Ms Trent advises that she and Mr Kumar will be covering the rent moving forward, and I am satisfied that they have taken steps with WINZ for the arrears to be cleared.
The landlord has applied for termination of the tenancy, 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.
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. This order gives the landlord the opportunity to have the arrears paid by allowing the process begun with WINZ to be carried through. If the debt remains unpaid, however, the tenancy will be terminated. The tenants have asked for this opportunity, but in the event of a further application, it is unlikely that the same opportunity will be provided.
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 [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4795978 — Rent arrears at Unit/Flat 1, 28 Childers Terrace, Kilbirnie, Wellington 6022

At a glance

Tenancy Tribunal case 4795978 — Rent arrears at Unit/Flat 1, 28 Childers Terrace, Kilbirnie, Wellington 6022

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