What was Tenancy Tribunal case 4839737 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $10,979.13 (“the debt”).

How much money was awarded in case 4839737?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,164.89 awarded to landlord; Water Rates: $793.80 awarded to landlord

What type of tenancy dispute was case 4839737?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4839737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10455938-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4839737 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $10,979.13 (“the debt”).

How much money was awarded in case 4839737?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $10,164.89 awarded to landlord; Water Rates: $793.80 awarded to landlord

What type of tenancy dispute was case 4839737?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4839737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10455938-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4839737 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4839737 — net $10,979.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,164.89	Rent arrears
Water rates	$793.80	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,979.13
Total payable by Tenant to Landlord	$10,979.13

[The tenant/s] owes [The landlord/s] $10,979.13 (“the debt”).

[The tenant/s] must pay rent and the debt as follows: a. By 1 payment of $10,979.13, being the debt. b. Payment of the debt in full will be on or before 5pm,Thursday 4 July 2024. c. The tenant will continue to pay weekly rent in full, on time, when due.

Payments will be allocated in the following order: rent, the debt, 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing by telephone. [The tenant/s] did not attend, and [The tenant's representative] spoke on her behalf.

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 will 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 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.

The landlord established that $793.80 is owing for water rates and provided copies of the invoices. The tenant agreed that this amount was outstanding. The amount is awarded as claimed.

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.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

Both parties requested suppression. The landlord sought suppression on behalf of the tenant on the basis that they had fallen on hard times, and they did not want a Tribunal order to be published which would prevent them from purchasing a property. Having weighted up the interest of the parties versus the public interest and circumstances of the case I award the suppression of both parties names and identifying details.

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

Claims and awards in Tenancy Tribunal application 4839737 — net $10,979.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,164.89	Rent arrears
Water rates	$793.80	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,979.13
Total payable by Tenant to Landlord	$10,979.13

Order

[The tenant/s] owes [The landlord/s] $10,979.13 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By 1 payment of $10,979.13, being the debt. b. Payment of the debt in full will be on or before 5pm,Thursday 4 July 2024. c. The tenant will continue to pay weekly rent in full, on time, when due.
Payments will be allocated in the following order: rent, the debt, 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing by telephone. [The tenant/s] did not attend, and [The tenant's representative] spoke on her behalf.
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 will 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 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.
The landlord established that $793.80 is owing for water rates and provided copies of the invoices. The tenant agreed that this amount was outstanding. The amount is awarded as claimed.
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.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
Both parties requested suppression. The landlord sought suppression on behalf of the tenant on the basis that they had fallen on hard times, and they did not want a Tribunal order to be published which would prevent them from purchasing a property. Having weighted up the interest of the parties versus the public interest and circumstances of the case I award the suppression of both parties names and identifying details.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4839737 — Rent arrears

At a glance

Tenancy Tribunal case 4839737 — 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