What was Tenancy Tribunal case 4845464 about?

The tribunal order states: Khylian Edwards-Waikato and Kelly Selmi-O'Brien owes [The landlord/s]

How much money was awarded in case 4845464?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,288.29 awarded to landlord; Water Rates: $205.87 awarded to landlord

What type of tenancy dispute was case 4845464?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4845464?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10270228-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4845464 about?

The tribunal order states: Khylian Edwards-Waikato and Kelly Selmi-O'Brien owes [The landlord/s]

How much money was awarded in case 4845464?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,288.29 awarded to landlord; Water Rates: $205.87 awarded to landlord

What type of tenancy dispute was case 4845464?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4845464?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10270228-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4845464 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4845464 — net $1,514.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,288.29	Rent arrears
Water rates	$205.87	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,514.60
Total payable by Tenant to Landlord	$1,514.60

Khylian Edwards-Waikato and Kelly Selmi-O'Brien owes [The landlord/s] $1,514.60 (“the debt”), per the table blow:

Khylian Edwards-Waikato and Kelly Selmi-O'Brien must pay current rent and the debt as follows: a. By $800.00 for current rent by Wednesday 1 May 2024 1 . b. A final payment of $1514.60, no later than Friday 3 May 2024.

Payments will be allocated in the following order: rent, rent arrears, water artes and the filing fee.

If the tenant fails to pay rent, rent arrears and water rates within 2 working days of the due dates: 1 The tenant stated this has just been paid. It is not showing in the landlord’s bank account at this time. 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, conducted via video conference.

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.

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 not paying rent or water rates as due. On 1 March 2024 the landlord served two 14-day notices on the tenants but the breaches were 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 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.

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.

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

Claims and awards in Tenancy Tribunal application 4845464 — net $1,514.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,288.29	Rent arrears
Water rates	$205.87	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,514.60
Total payable by Tenant to Landlord	$1,514.60

Order

Khylian Edwards-Waikato and Kelly Selmi-O'Brien owes [The landlord/s] $1,514.60 (“the debt”), per the table blow:
Khylian Edwards-Waikato and Kelly Selmi-O'Brien must pay current rent and the debt as follows: a. By $800.00 for current rent by Wednesday 1 May 2024 1 . b. A final payment of $1514.60, no later than Friday 3 May 2024.
Payments will be allocated in the following order: rent, rent arrears, water artes and the filing fee.
If the tenant fails to pay rent, rent arrears and water rates within 2 working days of the due dates: 1 The tenant stated this has just been paid. It is not showing in the landlord’s bank account at this time. 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, conducted via video conference.
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.

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 not paying rent or water rates as due. On 1 March 2024 the landlord served two 14-day notices on the tenants but the breaches were 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 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.
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.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 4845464 — Rent arrears

At a glance

Tenancy Tribunal case 4845464 — 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