What was Tenancy Tribunal case 4796578 about?

The tribunal order states: [The tenant/s] owe [The landlord/s] $3,540.00 (“the debt”).

How much money was awarded in case 4796578?

Rent Arrears: $3,540.00 awarded to landlord

What type of tenancy dispute was case 4796578?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4796578?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10182254-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4796578 about?

The tribunal order states: [The tenant/s] owe [The landlord/s] $3,540.00 (“the debt”).

How much money was awarded in case 4796578?

Rent Arrears: $3,540.00 awarded to landlord

What type of tenancy dispute was case 4796578?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4796578?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10182254-Tribunal_Order_Redacted.pdf.

Unit/Flat A, 25 Ariki Road, Hataitai, Wellington 6021 Tenancy Tribunal Case 4796578 — Rent arrears

Claims and awards in Tenancy Tribunal application 4796578 — net $3,540.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,540.00	Rent arrears
Net award	$3,540.00
Total payable by Tenant to Landlord	$3,540.00

Order

[The tenant/s] owe [The landlord/s] $3,540.00 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By 7 weekly payments of $1,020.00, being $520.00 for rent and $500.00 for the debt. b. A final payment of $560.00, being $520.00 for rent and $40.00 for the debt. c. Payments will be every Friday, with the first payment on 19/04/2024 and continuing until 07/06/2024.
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 Unit/Flat A, 25 Ariki Road, Hataitai, Wellington 6021 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The Landlord and Ms S attended the hearing. Mr F did not attend, as he has left the country.
Ms S and Mr F were a couple with a young child. They entered into a fixed term lease running from 27 July 2023 to 15 October 2024. From the start of the lease until 21 December 2023, rent payments were regular and on time. Ms S advised during the hearing that this was because the lease was being paid by her from money loaned by her parents. However, the relationship broke down due to family violence, and Mr F left the tenancy on 1 January 2024, returning to the United Kingdom on 20 March 2024. It is alleged that Mr F had made no financial contributions to the rent and took a number of Ms S’s personal possessions when he left.
Ms S has been assisted by a friend who attended the hearing as a support person, and by her sister who is assisting with day care for her child. She has been in full-time employment since mid-December 2023.
Reviewing the rent summary, I note that this is not a situation where rent payments had stopped completely, although there have been periods of up to 3 weeks with no rent was paid (between 15 February and 6 March 2024, for instance). Arrears as they currently stand will be $3,540 at close of business on 10 April 2024. The landlord says that they have made attempts to discuss the situation with Ms S, however, these attempts have been declined. Ms S admits that she has not engaged, in part because of the difficulties she had experienced with Mr F, and in part because she has some language difficulties. She says that, prior to his leaving, Mr F handled communications with the Landlord.
The landlord has concerns about Ms S’s ongoing ability to pay the rent and catch up with the arrears. Ms S’s friend advised that he is assisting her with the rent arrears and he is starting a new job next week. He will be in a position to pay the arrears at $500 a week starting from 19 April 2022. He and Ms S requested that he was added to the lease in place of Mr F. However, I have no powers to direct that he is added to the lease, that is something for the landlord to consider.
The landlord was not satisfied with the proposal to part pay the arrears and has maintained the application for termination from 10 April 2024.

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.
This is a difficult situation that Ms S finds herself in. She has been left in the lurch by Mr F’s unexpected departure, with a debt for rent arrears, and a small child to care for as a solo parent. Her friend has offered to assist her with the arrears and ongoing rental payments. I am satisfied that with his assistance Ms S 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. 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, and if no further rent payments are missed between now and 10 July 2024. If the tenant breaches the order, or misses a scheduled rent payment before 10 July 2024, 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 has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4796578 — net $3,540.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,540.00	Rent arrears
Net award	$3,540.00
Total payable by Tenant to Landlord	$3,540.00

Order

[The tenant/s] owe [The landlord/s] $3,540.00 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By 7 weekly payments of $1,020.00, being $520.00 for rent and $500.00 for the debt. b. A final payment of $560.00, being $520.00 for rent and $40.00 for the debt. c. Payments will be every Friday, with the first payment on 19/04/2024 and continuing until 07/06/2024.
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 Unit/Flat A, 25 Ariki Road, Hataitai, Wellington 6021 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

The Landlord and Ms S attended the hearing. Mr F did not attend, as he has left the country.
Ms S and Mr F were a couple with a young child. They entered into a fixed term lease running from 27 July 2023 to 15 October 2024. From the start of the lease until 21 December 2023, rent payments were regular and on time. Ms S advised during the hearing that this was because the lease was being paid by her from money loaned by her parents. However, the relationship broke down due to family violence, and Mr F left the tenancy on 1 January 2024, returning to the United Kingdom on 20 March 2024. It is alleged that Mr F had made no financial contributions to the rent and took a number of Ms S’s personal possessions when he left.
Ms S has been assisted by a friend who attended the hearing as a support person, and by her sister who is assisting with day care for her child. She has been in full-time employment since mid-December 2023.
Reviewing the rent summary, I note that this is not a situation where rent payments had stopped completely, although there have been periods of up to 3 weeks with no rent was paid (between 15 February and 6 March 2024, for instance). Arrears as they currently stand will be $3,540 at close of business on 10 April 2024. The landlord says that they have made attempts to discuss the situation with Ms S, however, these attempts have been declined. Ms S admits that she has not engaged, in part because of the difficulties she had experienced with Mr F, and in part because she has some language difficulties. She says that, prior to his leaving, Mr F handled communications with the Landlord.
The landlord has concerns about Ms S’s ongoing ability to pay the rent and catch up with the arrears. Ms S’s friend advised that he is assisting her with the rent arrears and he is starting a new job next week. He will be in a position to pay the arrears at $500 a week starting from 19 April 2022. He and Ms S requested that he was added to the lease in place of Mr F. However, I have no powers to direct that he is added to the lease, that is something for the landlord to consider.
The landlord was not satisfied with the proposal to part pay the arrears and has maintained the application for termination from 10 April 2024.

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.
This is a difficult situation that Ms S finds herself in. She has been left in the lurch by Mr F’s unexpected departure, with a debt for rent arrears, and a small child to care for as a solo parent. Her friend has offered to assist her with the arrears and ongoing rental payments. I am satisfied that with his assistance Ms S 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. 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, and if no further rent payments are missed between now and 10 July 2024. If the tenant breaches the order, or misses a scheduled rent payment before 10 July 2024, 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 has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4796578 — Rent arrears at Unit/Flat A, 25 Ariki Road, Hataitai, Wellington 6021

At a glance

Tenancy Tribunal case 4796578 — Rent arrears at Unit/Flat A, 25 Ariki Road, Hataitai, Wellington 6021

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