What was Tenancy Tribunal case 4799522 about?

The tribunal order states: [The tenant/s] owes Home and Co Property Management Limited as Agent for

How much money was awarded in case 4799522?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,571.43 awarded to landlord

What type of tenancy dispute was case 4799522?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4799522?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10136761-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4799522 about?

The tribunal order states: [The tenant/s] owes Home and Co Property Management Limited as Agent for

How much money was awarded in case 4799522?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,571.43 awarded to landlord

What type of tenancy dispute was case 4799522?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4799522?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10136761-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4799522 — Rent arrears

Claims and awards in Tenancy Tribunal application 4799522. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 26 March 2024	$4,571.43		Rent arrears to 26 March 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

[The tenant/s] owes Home and Co Property Management Limited as Agent for Stephen & Sharon Grant $4,591.87 (being rent arrears to 26 March 2023 of $4,571.43, and reimbursement of the $20.44 filing fee, “the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $1,500.00, being $1,000.00 for rent and $500.00 for the debt. b. Payments will be every Friday, with the first payment to be made on Friday 29/03/2024 and thereafter every Friday until the debt is paid in full.
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: 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

The hearing was conducted by telephone. Ms Topping appeared for the landlord. The tenant appeared.
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.
The tenancy commenced on 12 July 2023, and is periodic. The rent is $1,000.00 per week. The property has 4 bedrooms. The tenant has the permission of the landlord to have two flatmates. On 19 October 2023, the landlord issued a 14- day notice for rent arrears. Another was issued on 19 December 2023.
On 05 February 2024, the landlord filed an application seeking termination of the tenancy under section 56(1) of the Residential Tenancies Act 1986 The “Act”), alleging the tenant had failed to remedy the notice, and it would be inequitable to refuse termination.
The rent summary provided with the application has been updated. It shows that as of today, the tenant is more than 21 days in arrears. The application must therefore be dealt with under section 56(2) of the Act.
Section 56(2) of the Act states that were an application is made under section 56(1) and the Tribunal is satisfied that at the time of determining the matter the landlord could made an application under section 55(1), the Tribunal shall determine the matter as if an application had been made under that section.
Section 55 (1) of the Act states that when rent is at least 21 days in arrears, the Tribunal must make either a final or a conditional termination order under section 55(1A) of the Act.
The tenant states they are self-employed project planner. The tenant states that unfortunately they have had a client default on payment which has in turn caused the tenant financial distress. Additionally, the tenant states that their flatmates have recently vacated. One has been replaced. The tenant is confident of finding a second flatmate soon due to the desirability of the location. The tenant claims to be motivated to clear the arrears and meet their obligations going forward.
The landlord states that the tenant has made promises to clear the arrears in the past but has not kept those promises. They are concerned that the rent is beyond the tenant’s financial capacity, and that they will be unable to clear the arrears and pay rent when due.
After hearing from both parties, I am satisfied, albeit by the narrowest of margins, that the tenant will likely pay the arrears and meet their obligations going forward.
Consequently, I am making 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) of the Act.
Because Home and Co Property Management Limited as Agent for Stephen & Sharon Grant has substantially succeeded with the claim I have reimbursed the filing fee.
Under section 95A of the Act a party who has been wholly or substantially successful can be granted name suppression unless there are reasons not to do so. The landlord, although entitled, does not seek suppression.
The tenant seeks suppression. The tenant has been successful in that they have narrowly avoided immediate termination in favour of a conditional termination order. The tenant is granted suppression.

Claims and awards in Tenancy Tribunal application 4799522. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 26 March 2024	$4,571.43		Rent arrears to 26 March 2024
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

[The tenant/s] owes Home and Co Property Management Limited as Agent for Stephen & Sharon Grant $4,591.87 (being rent arrears to 26 March 2023 of $4,571.43, and reimbursement of the $20.44 filing fee, “the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $1,500.00, being $1,000.00 for rent and $500.00 for the debt. b. Payments will be every Friday, with the first payment to be made on Friday 29/03/2024 and thereafter every Friday until the debt is paid in full.
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: 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

The hearing was conducted by telephone. Ms Topping appeared for the landlord. The tenant appeared.
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.
The tenancy commenced on 12 July 2023, and is periodic. The rent is $1,000.00 per week. The property has 4 bedrooms. The tenant has the permission of the landlord to have two flatmates. On 19 October 2023, the landlord issued a 14- day notice for rent arrears. Another was issued on 19 December 2023.
On 05 February 2024, the landlord filed an application seeking termination of the tenancy under section 56(1) of the Residential Tenancies Act 1986 The “Act”), alleging the tenant had failed to remedy the notice, and it would be inequitable to refuse termination.
The rent summary provided with the application has been updated. It shows that as of today, the tenant is more than 21 days in arrears. The application must therefore be dealt with under section 56(2) of the Act.
Section 56(2) of the Act states that were an application is made under section 56(1) and the Tribunal is satisfied that at the time of determining the matter the landlord could made an application under section 55(1), the Tribunal shall determine the matter as if an application had been made under that section.
Section 55 (1) of the Act states that when rent is at least 21 days in arrears, the Tribunal must make either a final or a conditional termination order under section 55(1A) of the Act.
The tenant states they are self-employed project planner. The tenant states that unfortunately they have had a client default on payment which has in turn caused the tenant financial distress. Additionally, the tenant states that their flatmates have recently vacated. One has been replaced. The tenant is confident of finding a second flatmate soon due to the desirability of the location. The tenant claims to be motivated to clear the arrears and meet their obligations going forward.
The landlord states that the tenant has made promises to clear the arrears in the past but has not kept those promises. They are concerned that the rent is beyond the tenant’s financial capacity, and that they will be unable to clear the arrears and pay rent when due.
After hearing from both parties, I am satisfied, albeit by the narrowest of margins, that the tenant will likely pay the arrears and meet their obligations going forward.
Consequently, I am making 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) of the Act.
Because Home and Co Property Management Limited as Agent for Stephen & Sharon Grant has substantially succeeded with the claim I have reimbursed the filing fee.
Under section 95A of the Act a party who has been wholly or substantially successful can be granted name suppression unless there are reasons not to do so. The landlord, although entitled, does not seek suppression.
The tenant seeks suppression. The tenant has been successful in that they have narrowly avoided immediate termination in favour of a conditional termination order. The tenant is granted suppression.

Tenancy Tribunal case 4799522 — Rent arrears

At a glance

Tenancy Tribunal case 4799522 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions