What was Tenancy Tribunal case 4826677 about?

The tribunal order states: Mikaela Oldfield owes [The landlord/s] $1,529.52 (“the debt”), per the table

How much money was awarded in case 4826677?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,480.00 awarded to landlord; Water Rates: $29.08 awarded to landlord

What type of tenancy dispute was case 4826677?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826677?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10227272-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4826677 about?

The tribunal order states: Mikaela Oldfield owes [The landlord/s] $1,529.52 (“the debt”), per the table

How much money was awarded in case 4826677?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,480.00 awarded to landlord; Water Rates: $29.08 awarded to landlord

What type of tenancy dispute was case 4826677?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826677?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10227272-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4826677 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4826677 — net $1,529.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Friday 19 April 2024	$1,480.00	Rent arrears to Friday 19 April 2024
Water rates	$29.08	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,529.52
Total payable by Tenant to Landlord	$1,529.52

Mikaela Oldfield owes [The landlord/s] $1,529.52 (“the debt”), per the table below:

Mikaela Oldfield must pay rent and the debt as follows: a. By $560.00 current rent as due on Saturday 20 April 2024, and b. A payment of $1,529.52 for the debt to be paid no later than Saturday 20 April 2024.

Payments will be allocated in the following order: rent, rent arrears, water rates 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 [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 water rates and filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.

The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. The tenant has promised the landlord that the debt payment is under process with WINZ and should be paid tomorrow.

The landlord provided an updated rent summary just prior to the hearing, as well as recent water bills that establish the current amount owing for water rates, as ordered.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.

The tenant breached their obligations by failing to pay rent as due and clear rent arrears. On 4 March 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

The landlord stated the tenant had committed to direct payment of rent from WINZ at the commencement of the tenancy but the rent summary does not reflect such regular payments, as would be expected. The tenant should consider such a process as a continuation of previous payment patterns may see another application for termination from the landlord, even if the conditional terms are met this time.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Application filing fee

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 4826677 — net $1,529.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Friday 19 April 2024	$1,480.00	Rent arrears to Friday 19 April 2024
Water rates	$29.08	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,529.52
Total payable by Tenant to Landlord	$1,529.52

Order

Mikaela Oldfield owes [The landlord/s] $1,529.52 (“the debt”), per the table below:
Mikaela Oldfield must pay rent and the debt as follows: a. By $560.00 current rent as due on Saturday 20 April 2024, and b. A payment of $1,529.52 for the debt to be paid no later than Saturday 20 April 2024.
Payments will be allocated in the following order: rent, rent arrears, water rates 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 [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 water rates and filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. The tenant has promised the landlord that the debt payment is under process with WINZ and should be paid tomorrow.
The landlord provided an updated rent summary just prior to the hearing, as well as recent water bills that establish the current amount owing for water rates, as ordered.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent as due and clear rent arrears. On 4 March 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The landlord stated the tenant had committed to direct payment of rent from WINZ at the commencement of the tenancy but the rent summary does not reflect such regular payments, as would be expected. The tenant should consider such a process as a continuation of previous payment patterns may see another application for termination from the landlord, even if the conditional terms are met this time.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Application filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 4826677 — Rent arrears

At a glance

Tenancy Tribunal case 4826677 — Rent arrears

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