What was Tenancy Tribunal case 4844327 about?

The tribunal order states: Karey Ransfield owes [The landlord/s] $452.54 (“the debt”) being rent arrears of

How much money was awarded in case 4844327?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $432.10 awarded to landlord

What type of tenancy dispute was case 4844327?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4844327?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10188917-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4844327 about?

The tribunal order states: Karey Ransfield owes [The landlord/s] $452.54 (“the debt”) being rent arrears of

How much money was awarded in case 4844327?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $432.10 awarded to landlord

What type of tenancy dispute was case 4844327?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4844327?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10188917-Tribunal_Order_Redacted.pdf.

49 Lord Cobham Avenue, Whakatane, Whakatane 3120 Tenancy Tribunal Case 4844327 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4844327. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the debt”) being rent arrears of	$432.10		the debt”) being rent arrears of
and reimbursement of the filing fee of	$20.44		and reimbursement of the filing fee of

Karey Ransfield owes [The landlord/s] $452.54 (“the debt”) being rent arrears of $432.10 and reimbursement of the filing fee of $20.44.

Karey Ransfield must pay rent and the debt by weekly payments of $700.00 beginning on 12 April 2024 and continuing until the debt has been paid in full.

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 2 working days of the due dates: a. The tenancy at 49 Lord Cobham Avenue, Whakatane, Whakatane 3120 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

The landlord attended the hearing by telephone.

The tenant was telephoned twice but did not answer and so messages were left.

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

Should the tenancy be terminated?

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 tenant has not exercised her right to challenge any of the notices regarding the rent arrears. Nor has the tenant attended today’s hearing to object to the landlord’s rent calculations. The tenant is therefore deemed to have accepted that the demands are accurate.

The grounds have been established and the tenancy must be terminated. Conditional termination

The landlord advised that he has reached agreement with the tenant regarding repayment of the arrears and that he is seeking a conditional termination order. See section 78(3) RTA.

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.

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

Claims and awards in Tenancy Tribunal application 4844327. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
the debt”) being rent arrears of	$432.10		the debt”) being rent arrears of
and reimbursement of the filing fee of	$20.44		and reimbursement of the filing fee of

Order

Karey Ransfield owes [The landlord/s] $452.54 (“the debt”) being rent arrears of $432.10 and reimbursement of the filing fee of $20.44.
Karey Ransfield must pay rent and the debt by weekly payments of $700.00 beginning on 12 April 2024 and continuing until the debt has been paid in full.
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 2 working days of the due dates: a. The tenancy at 49 Lord Cobham Avenue, Whakatane, Whakatane 3120 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

The landlord attended the hearing by telephone.
The tenant was telephoned twice but did not answer and so messages were left.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

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 tenant has not exercised her right to challenge any of the notices regarding the rent arrears. Nor has the tenant attended today’s hearing to object to the landlord’s rent calculations. The tenant is therefore deemed to have accepted that the demands are accurate.
The grounds have been established and the tenancy must be terminated. Conditional termination
The landlord advised that he has reached agreement with the tenant regarding repayment of the arrears and that he is seeking a conditional termination order. See section 78(3) RTA.
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.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4844327 — Rent arrears at 49 Lord Cobham Avenue, Whakatane, Whakatane 3120

At a glance

Tenancy Tribunal case 4844327 — Rent arrears at 49 Lord Cobham Avenue, Whakatane, Whakatane 3120

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions