What was Tenancy Tribunal case 4846420 about?

The tribunal order states: The Tribunal orders suppression of the Tenant and Landlord’s name and

How much money was awarded in case 4846420?

Rent Arrears: $24,811.77 awarded to landlord

What type of tenancy dispute was case 4846420?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4846420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10344446-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4846420 about?

The tribunal order states: The Tribunal orders suppression of the Tenant and Landlord’s name and

How much money was awarded in case 4846420?

Rent Arrears: $24,811.77 awarded to landlord

What type of tenancy dispute was case 4846420?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4846420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10344446-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4846420 — Rent arrears

Claims and awards in Tenancy Tribunal application 4846420 — net $24,811.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01/05/2024	$24,811.77	Rent arrears to 01/05/2024
Net award	$24,811.77
Total payable by Tenant to Landlord	$24,811.77

Order

The Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
[The tenant/s] owes [The landlord/s] $24,811.77 (“the debt”), calculated in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $550.00, being $530.00 for rent and $20.00 for the debt. b. Payments will be every Wednesday, with the first payment on Wednesday 15 May 2024 and continuing until the debt is paid in full.
If [The tenant/s] 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.

Reasons

Both parties attended the hearing which was held by teleconference on 1 May 2024.
The landlord has applied for termination of the tenancy and rent arrears.

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.
This matter has come about following a previous Tenancy Tribunal ruling of 8 August 2023 (application 4612649) that ordered [The tenant/s] to pay [The landlord/s] $4,520.00 immediately, being rent arrears to 7 August 2023. Since then, the landlord says it has received no rent from [The tenant/s].
The rent increased to $530.00 in July 2023. The landlord says [The tenant/s] made no effort to have it reassessed and backdated to reflect the income he receives. The landlord also says that despite several attempts, [The tenant/s] has not engaged in terms of further discussion or a repayment plan.
Rather than immediate termination the landlord sought a conditional termination order of a payment arrangement of $20.00 per week to be paid towards the arrears and for the rent of $530.00 to start being paid.
[The tenant/s] submitted that the landlord has been told at various times that not only has the payment been made, but the payment is waiting and available for them. The Reserve Bank of New Zealand has accepted the deposit and all that is required is for the landlord to communicate with them.
[The tenant/s] indicated that he had not refused further discussion on the matter and would welcome a proper opportunity to do so.
In response, the landlord noted that the methods of payment of rent are clearly listed on the tenancy agreement and any deposit or instrument with the Reserve Bank of New Zealand is not one of those methods of payment. The landlord is happy to assist [The tenant/s] in establishing a payment that meets the requirements of the tenancy agreement that he signed.
The landlord is open to a local area senior housing manager or team leader (or other appropriate manager) meeting with [The tenant/s] following the ruling by the Tribunal. The landlord also offered assisting [The tenant/s] with information that he may need to provide to [organisation] in terms of reassessing his rent including recalculating any back rent that may reduce the arrears.
On the evidence available, I am not satisfied that there was any agreement of rent being paid in any other form or method other than that set out in the Tenancy Agreement.
I accept the landlord’s evidence that rent was at least 21 days in arrears at the date the application was filed.
The landlord provided rent records which prove the amount owing at the date of the hearing.
I am therefore satisfied that the rent was due and payable by [The tenant/s] pursuant to the Tenancy Agreement. There is no lawful reason to resist payment of the rent arrears claimed.
[The tenant/s] has not paid rent for a lengthy period of time, which, in the absence of an assurance about future rent payment and payment of the arrears, would clearly justify termination.
The parties agreed by consent to the Order above. The conditional termination order will lapse if it is fully complied with. If [The tenant/s] 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.
As this is essentially a consent order, it is reasonable to suppress the tenant and landlord’s names and identifying details.
Regrettably, there has been a delay in sending this order to the parties. I mistakenly thought the order had been sent some time ago. I apologise for this oversight and any inconvenience this may have caused the parties.

Claims and awards in Tenancy Tribunal application 4846420 — net $24,811.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01/05/2024	$24,811.77	Rent arrears to 01/05/2024
Net award	$24,811.77
Total payable by Tenant to Landlord	$24,811.77

Order

The Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.
[The tenant/s] owes [The landlord/s] $24,811.77 (“the debt”), calculated in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $550.00, being $530.00 for rent and $20.00 for the debt. b. Payments will be every Wednesday, with the first payment on Wednesday 15 May 2024 and continuing until the debt is paid in full.
If [The tenant/s] 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.

Reasons

Both parties attended the hearing which was held by teleconference on 1 May 2024.
The landlord has applied for termination of the tenancy and rent arrears.

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.
This matter has come about following a previous Tenancy Tribunal ruling of 8 August 2023 (application 4612649) that ordered [The tenant/s] to pay [The landlord/s] $4,520.00 immediately, being rent arrears to 7 August 2023. Since then, the landlord says it has received no rent from [The tenant/s].
The rent increased to $530.00 in July 2023. The landlord says [The tenant/s] made no effort to have it reassessed and backdated to reflect the income he receives. The landlord also says that despite several attempts, [The tenant/s] has not engaged in terms of further discussion or a repayment plan.
Rather than immediate termination the landlord sought a conditional termination order of a payment arrangement of $20.00 per week to be paid towards the arrears and for the rent of $530.00 to start being paid.
[The tenant/s] submitted that the landlord has been told at various times that not only has the payment been made, but the payment is waiting and available for them. The Reserve Bank of New Zealand has accepted the deposit and all that is required is for the landlord to communicate with them.
[The tenant/s] indicated that he had not refused further discussion on the matter and would welcome a proper opportunity to do so.
In response, the landlord noted that the methods of payment of rent are clearly listed on the tenancy agreement and any deposit or instrument with the Reserve Bank of New Zealand is not one of those methods of payment. The landlord is happy to assist [The tenant/s] in establishing a payment that meets the requirements of the tenancy agreement that he signed.
The landlord is open to a local area senior housing manager or team leader (or other appropriate manager) meeting with [The tenant/s] following the ruling by the Tribunal. The landlord also offered assisting [The tenant/s] with information that he may need to provide to [organisation] in terms of reassessing his rent including recalculating any back rent that may reduce the arrears.
On the evidence available, I am not satisfied that there was any agreement of rent being paid in any other form or method other than that set out in the Tenancy Agreement.
I accept the landlord’s evidence that rent was at least 21 days in arrears at the date the application was filed.
The landlord provided rent records which prove the amount owing at the date of the hearing.
I am therefore satisfied that the rent was due and payable by [The tenant/s] pursuant to the Tenancy Agreement. There is no lawful reason to resist payment of the rent arrears claimed.
[The tenant/s] has not paid rent for a lengthy period of time, which, in the absence of an assurance about future rent payment and payment of the arrears, would clearly justify termination.
The parties agreed by consent to the Order above. The conditional termination order will lapse if it is fully complied with. If [The tenant/s] 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.
As this is essentially a consent order, it is reasonable to suppress the tenant and landlord’s names and identifying details.
Regrettably, there has been a delay in sending this order to the parties. I mistakenly thought the order had been sent some time ago. I apologise for this oversight and any inconvenience this may have caused the parties.

Tenancy Tribunal case 4846420 — Rent arrears

At a glance

Tenancy Tribunal case 4846420 — 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