What was the outcome of Tenancy Tribunal case 4801397?

The tribunal order states: Jason De Cruz and Melissa Sullivan owes Colliers New Zealand Limited As

How much money was awarded in case 4801397?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,830.00 awarded to landlord

What type of tenancy dispute was case 4801397?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4801397?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10178139-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4801397?

The tribunal order states: Jason De Cruz and Melissa Sullivan owes Colliers New Zealand Limited As

How much money was awarded in case 4801397?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,830.00 awarded to landlord

What type of tenancy dispute was case 4801397?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4801397?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10178139-Tenancy_Tribunal_Order.pdf.

19 The Oval, Paremoremo, Auckland 0632 Tenancy Tribunal Case 4801397 — Rent arrears

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19 The Oval, Paremoremo, Auckland 0632 Tenancy Tribunal Case 4801397 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4801397. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the debt”), being rent arrears of	$5,830.00		the debt”), being rent arrears of
to Thursday 11 April 2024 and the application filing fee of	$20.44		to Thursday 11 April 2024 and the application filing fee of

Claims and awards for application 4801397. Verify on MoJ.

the debt”), being rent arrears of

Amount: $5,830.00
Awarded to: Landlord
Reason: the debt”), being rent arrears of

to Thursday 11 April 2024 and the application filing fee of

Amount: $20.44
Awarded to: Landlord
Reason: to Thursday 11 April 2024 and the application filing fee of

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Jason De Cruz and Melissa Sullivan owes Colliers New Zealand Limited As Agent For Department Of Corrections $5,850.44 (“the debt”), being rent arrears of $5,830.00 to Thursday 11 April 2024 and the application filing fee of $20.44.
Jason De Cruz and Melissa Sullivan must pay the landlord $5,850.44 in full, no later than Thursday 11 April 2024:
If the tenant fails to pay the rent arrears within 2 working days of the due date: a. The tenancy at 19 The Oval, Paremoremo, Auckland 0632 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, set down to be conducted via video. Neither party joined and calls out were made. Both calls were answered.
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?

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 should have the opportunity to 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 premises are part of the Paremoremo Prison housing village. I was satisfied this Tribunal was the appropriate jurisdiction (see TT 4538342 dated 19 May 2023).
Given the current recruitment cycle advised by the tenant as underway, some engagement with the Department of Corrections prior to any enforcement (if the conditions are not met) of this order would appear appropriate. Any such engagement is a separate process. The terms of this order stand if the rent arrears or filing fee are not paid within the specified timeframes.
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 Colliers New Zealand Limited As Agent For Department Of Corrections has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4801397. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the debt”), being rent arrears of	$5,830.00		the debt”), being rent arrears of
to Thursday 11 April 2024 and the application filing fee of	$20.44		to Thursday 11 April 2024 and the application filing fee of

Claims and awards for application 4801397. Verify on MoJ.

the debt”), being rent arrears of

Amount: $5,830.00
Awarded to: Landlord
Reason: the debt”), being rent arrears of

to Thursday 11 April 2024 and the application filing fee of

Amount: $20.44
Awarded to: Landlord
Reason: to Thursday 11 April 2024 and the application filing fee of

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Jason De Cruz and Melissa Sullivan owes Colliers New Zealand Limited As Agent For Department Of Corrections $5,850.44 (“the debt”), being rent arrears of $5,830.00 to Thursday 11 April 2024 and the application filing fee of $20.44.
Jason De Cruz and Melissa Sullivan must pay the landlord $5,850.44 in full, no later than Thursday 11 April 2024:
If the tenant fails to pay the rent arrears within 2 working days of the due date: a. The tenancy at 19 The Oval, Paremoremo, Auckland 0632 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, set down to be conducted via video. Neither party joined and calls out were made. Both calls were answered.
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?

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 should have the opportunity to 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 premises are part of the Paremoremo Prison housing village. I was satisfied this Tribunal was the appropriate jurisdiction (see TT 4538342 dated 19 May 2023).
Given the current recruitment cycle advised by the tenant as underway, some engagement with the Department of Corrections prior to any enforcement (if the conditions are not met) of this order would appear appropriate. Any such engagement is a separate process. The terms of this order stand if the rent arrears or filing fee are not paid within the specified timeframes.
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 Colliers New Zealand Limited As Agent For Department Of Corrections has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4801397 — Rent arrears at 19 The Oval, Paremoremo, Auckland 0632

At a glance

Tenancy Tribunal case 4801397 — Rent arrears at 19 The Oval, Paremoremo, Auckland 0632

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions