What was Tenancy Tribunal case 4808182 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4808182?

Filing Fee: $20.44 awarded to landlord; Water Rates: $855.09 awarded to landlord

What type of tenancy dispute was case 4808182?

The dispute type was not classified.

Where can I read the official tribunal order for case 4808182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10256192-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4808182 about?

The tribunal order states: The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated,

How much money was awarded in case 4808182?

Filing Fee: $20.44 awarded to landlord; Water Rates: $855.09 awarded to landlord

What type of tenancy dispute was case 4808182?

The dispute type was not classified.

Where can I read the official tribunal order for case 4808182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10256192-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4808182 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4808182 — net $875.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (less fixed charge	$855.09	Water rates (less fixed charge
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$875.53
Total payable by Tenant to Landlord	$875.53

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5 pm on Wednesday 15 May 2024, subject to the following: a. The tenant is to pay current weekly rent of $825.00 when it falls due for the remaining period of the tenancy. b. If the tenant fails to pay rent when it falls due the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.

[The tenant/s] must pay [The landlord/s] $875.53 immediately, calculated as shown in the table below:

Reasons

The hearing was held by teleconference on 23 April 2024. Both parties attended the hearing. An interpreter of the Arabic language had been arranged but the interpreter advised immediately before the hearing that he could not attend due to an urgent family matter. The hearing proceeded and the tenant’s son assisted where interpretation was needed.

The landlord has applied for termination of the tenancy, rent arrears and water rates.

This matter was originally heard on 22 March 2024. At that time, the tenant disputed the amount of rent arrears claimed by the landlord. The tenant has not provided any evidence to support her view. She has since conceded that the amount of rent arrears owed at the original hearing (as claimed by the landlord) was correct.

I find rent was at least 21 days in arrears on the date the application was filed, therefore the Tribunal Is required to order either final or conditional termination. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

While the tenant is now up to date with her rent, the landlord has no confidence going forward that the tenant will pay her rent on time given the poor rent payment history and lack of assurance. In the circumstances, I am not satisfied the tenant will not commit a further breach. The tenancy is terminated.

The landlord has deferred termination of the tenancy to 15 May 2024 subject to the tenant paying normal rent for the remainder of the tenancy. Should the tenant fail to pay rent on time the tenancy will terminate immediately.

The landlord provided a Watercare invoice which proves the amount owing, as ordered above. Filing fee and suppression order

As the Landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and suppression of the Landlord’s name and identifying particulars.

I have granted suppression of the name and identifying particulars of the Tenant on the grounds that: a. Publication of the Tenant’s name could impact upon the Tenant’s ability to find new accommodation, which would be unjust in this instance. b. The application is straightforward and of limited public interest. Other matters

The tenant raised concerns regarding the condition of the tenancy premises. I was unable to consider these concerns as the tenant had not filed a cross application. It is however open to the tenant to file her own application for compensation through Tenancy Services which will be dealt with at a separate hearing.

Claims and awards in Tenancy Tribunal application 4808182 — net $875.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (less fixed charge	$855.09	Water rates (less fixed charge
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$875.53
Total payable by Tenant to Landlord	$875.53

Order

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 5 pm on Wednesday 15 May 2024, subject to the following: a. The tenant is to pay current weekly rent of $825.00 when it falls due for the remaining period of the tenancy. b. If the tenant fails to pay rent when it falls due the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.
[The tenant/s] must pay [The landlord/s] $875.53 immediately, calculated as shown in the table below:

Reasons

The hearing was held by teleconference on 23 April 2024. Both parties attended the hearing. An interpreter of the Arabic language had been arranged but the interpreter advised immediately before the hearing that he could not attend due to an urgent family matter. The hearing proceeded and the tenant’s son assisted where interpretation was needed.
The landlord has applied for termination of the tenancy, rent arrears and water rates.
This matter was originally heard on 22 March 2024. At that time, the tenant disputed the amount of rent arrears claimed by the landlord. The tenant has not provided any evidence to support her view. She has since conceded that the amount of rent arrears owed at the original hearing (as claimed by the landlord) was correct.
I find rent was at least 21 days in arrears on the date the application was filed, therefore the Tribunal Is required to order either final or conditional termination. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
While the tenant is now up to date with her rent, the landlord has no confidence going forward that the tenant will pay her rent on time given the poor rent payment history and lack of assurance. In the circumstances, I am not satisfied the tenant will not commit a further breach. The tenancy is terminated.
The landlord has deferred termination of the tenancy to 15 May 2024 subject to the tenant paying normal rent for the remainder of the tenancy. Should the tenant fail to pay rent on time the tenancy will terminate immediately.
The landlord provided a Watercare invoice which proves the amount owing, as ordered above. Filing fee and suppression order
As the Landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and suppression of the Landlord’s name and identifying particulars.
I have granted suppression of the name and identifying particulars of the Tenant on the grounds that: a. Publication of the Tenant’s name could impact upon the Tenant’s ability to find new accommodation, which would be unjust in this instance. b. The application is straightforward and of limited public interest. Other matters
The tenant raised concerns regarding the condition of the tenancy premises. I was unable to consider these concerns as the tenant had not filed a cross application. It is however open to the tenant to file her own application for compensation through Tenancy Services which will be dealt with at a separate hearing.

Tenancy Tribunal case 4808182 — Tenancy dispute

At a glance

Tenancy Tribunal case 4808182 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions