How much money was awarded in case 4838158?

Filing Fee: $20.44 awarded to landlord; Rent Owing To 18/04/2024: $500.00 awarded to landlord

What type of tenancy dispute was case 4838158?

The dispute type was not classified.

Where can I read the official tribunal order for case 4838158?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10212800-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4838158?

Filing Fee: $20.44 awarded to landlord; Rent Owing To 18/04/2024: $500.00 awarded to landlord

What type of tenancy dispute was case 4838158?

The dispute type was not classified.

Where can I read the official tribunal order for case 4838158?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10212800-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4838158 — Tenancy dispute

Q: What was Tenancy Tribunal case 4838158 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4838158 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 18/04/2024	$500.00	Rent owing to 18/04/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Total payable by Tenant to Landlord	$520.44

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Ashleigh Roil owes [The landlord/s] $520.44 (“the debt”).

Ashleigh Roil must pay rent and the debt as follows: a. A payment of $750.00 on Friday 19/04/2024 (being $500.00 for rent and $250.00 for the debt), and b. A payment of $750.00 on Friday 26/04/2024 (being $500.00 for rent and $250.00 for the debt), and c. A final payment of $520.44 on Friday 03/05/2024 (being $500.00 for rent and $20.44 for the filing fee).

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 1 working day of the due dates in order 3: 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 1 working day of the due date, the filing fee will be payable immediately.

Reasons

The two trustees and the tenant attended the hearing by telephone/video today.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The law says that the Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established.

How much rent is owing?

Rent records have been provided which prove the amount owing up to Thursday 18 April 2024 is $500.00.

Weekly rent of $500.00 is due, one week in advance, on Friday of every week.

Should a conditional termination order be made?

The tenant wants to repay the debt to avoid immediate termination of the tenancy.

The landlords have today agreed to allow the tenant one last chance to pay the debt and pay weekly rent on time so that the tenancy can continue.

The tenant has been served with multiple notices of rent arrears and been given several opportunities to pay rent arrears and to pay rent on time.

The landlords are entitled to a termination order however I agree today, with their consent, to make a conditional termination order for repayment of the debt.

The tenant must pay rent and debt repayments by the dates specified in the order.

I am satisfied that the tenant understands this and is unlikely to commit any further breach. I have made a conditional termination order. See section 78(3) Residential Tenancies Act 1986.

If any payment is more than 1 working day late, the tenancy will terminate, and the possession order will be enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

The conditional termination order will lapse if it is fully complied with.

The landlord has succeeded in the application so is entitled to be awarded the filing fee and to name suppression, as applied for.

Claims and awards in Tenancy Tribunal application 4838158 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 18/04/2024	$500.00	Rent owing to 18/04/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Total payable by Tenant to Landlord	$520.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Ashleigh Roil owes [The landlord/s] $520.44 (“the debt”).
Ashleigh Roil must pay rent and the debt as follows: a. A payment of $750.00 on Friday 19/04/2024 (being $500.00 for rent and $250.00 for the debt), and b. A payment of $750.00 on Friday 26/04/2024 (being $500.00 for rent and $250.00 for the debt), and c. A final payment of $520.44 on Friday 03/05/2024 (being $500.00 for rent and $20.44 for the filing fee).
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 1 working day of the due dates in order 3: 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 1 working day of the due date, the filing fee will be payable immediately.

Reasons

The two trustees and the tenant attended the hearing by telephone/video today.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

The law says that the Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established.

How much rent is owing?

Rent records have been provided which prove the amount owing up to Thursday 18 April 2024 is $500.00.
Weekly rent of $500.00 is due, one week in advance, on Friday of every week.

Should a conditional termination order be made?

The tenant wants to repay the debt to avoid immediate termination of the tenancy.
The landlords have today agreed to allow the tenant one last chance to pay the debt and pay weekly rent on time so that the tenancy can continue.
The tenant has been served with multiple notices of rent arrears and been given several opportunities to pay rent arrears and to pay rent on time.
The landlords are entitled to a termination order however I agree today, with their consent, to make a conditional termination order for repayment of the debt.
The tenant must pay rent and debt repayments by the dates specified in the order.
I am satisfied that the tenant understands this and is unlikely to commit any further breach. I have made a conditional termination order. See section 78(3) Residential Tenancies Act 1986.
If any payment is more than 1 working day late, the tenancy will terminate, and the possession order will be enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with.
The landlord has succeeded in the application so is entitled to be awarded the filing fee and to name suppression, as applied for.

Tenancy Tribunal case 4838158 — Tenancy dispute

At a glance

Tenancy Tribunal case 4838158 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much rent is owing?

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 the tenancy be terminated?

How much rent is owing?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions