What was the outcome of Tenancy Tribunal case 4849280?

The tribunal order states: This order supersedes the Tribunal order dated 28 March 2024 (case number

How much money was awarded in case 4849280?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,771.21 awarded to landlord

What type of tenancy dispute was case 4849280?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4849280?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10311886-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4849280?

The tribunal order states: This order supersedes the Tribunal order dated 28 March 2024 (case number

How much money was awarded in case 4849280?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $8,771.21 awarded to landlord

What type of tenancy dispute was case 4849280?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4849280?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10311886-Tenancy_Tribunal_Order.pdf.

36 Duke Street, Feilding, Feilding 4702 Tenancy Tribunal Case 4849280 — Rent arrears

Claims and awards in Tenancy Tribunal application 4849280 — net $8,791.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 May 2024	$8,771.21	Rent arrears to 11 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,791.65
Total payable by Tenant to Landlord	$8,791.65

Order

This order supersedes the Tribunal order dated 28 March 2024 (case number 4791770).
Kelly-Ann Perry owes Colliers New Zealand Limited As Agent For LINZ $8791.65 (“the debt”) calculated as shown in the table below:
Kelly-Ann Perry must pay rent and the debt as follows: a. By one lump sum payment of $1240.00 towards reducing the debt on or before Friday 7 June 2024. b. By weekly payments of $350.00, being $310.00 for current rent and $40.00 for the debt. c. Payments will be due every Tuesday with the first payment on Tuesday 14 May 2024 and continuing until the debt is paid in full. The final payment will be $341.65 ($310 for rent and $31.65 for the debt) on or before 21 December 2027. DescriptionLandlord Rent arrears to 11 May 2024$8771.21 Filing fee reimbursement$20.44 Total award$8,791.65 Total payable by Tenant to Landlord$8,791.65
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay the lump sum or rent and rent arrears within 2 working days of the due dates: a. The tenancy at 36 Duke Street, Feilding, Feilding 4702 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.
The conditional termination order will lapse once the debt is fully repaid. 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.

Reasons

Both parties attended the hearing which took place by teleconference on 8 May 2024.
The tenant rented the premises from a Crown Enterprise in 2008. She has lived there for sixteen years and brought up her children in the home. She advised that her children are now aged 15 and 19 years and still dependant on her.
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.
Section 55(1A) states that the Tribunal has a discretion to make a conditional order if, but only if, it is satisfied that (a)the tenant will pay any rent in arrear within a period specified by the Tribunal; and (b)it is unlikely that the tenant will commit any further breach of a kind to which ... subsection (1) applies
The tenant rented this premises from a Crown Enterprise and has a long standing tenancy in this premises. She stated that she has raised her children there. The rent was paid by WINZ and the tenant has a good rent history.
In late July 2023 the tenant stated that she sought to get off the benefit and obtained work. She notified WINZ immediately that she had obtained work and they cut her benefit during her training time, before she had begun to receive her employment pay. There was a delay in her first pay being received and she began to fall into financial difficulty.
The tenant stated that she had much difficulty arranging her new finances. She asked WINZ to inform her how to arrange to make her own rent payments and they would not provide her with the bank details and told her to contact the property manager. She was unsuccessful in obtaining this information for several months.
The property manager who attended the hearing today advised that a previous property manager left the company and there was a gap in staff between August and November 2023. In November 2023 the current property manager made contact with the tenant and discovered she had been laid off from her new job. The evidence was disputed as to what if any information was provided to the tenant regarding how to make arrangements about her rent.
The tenant advised that she was informed by WINZ there was a stand down for her benefit and she had no income until her benefit recommenced.
The landlord advised that proceedings were filed in the Tribunal in January 2024. On 28 March 2024 the parties attended a Tribunal hearing and an order was made ordering the tenant to pay the sum of $9031.73 immediately. The Tribunal declined to terminate the tenancy as the landlord had not applied for this.
The landlord then filed an application for termination.
The tenant advised that she approached WINZ for assistance to pay the arrears and was told that only four weeks rent in a lump sum would be paid but that this would not be advanced if the tenancy would be terminated. The landlord confirmed that WINZ had informed them of a four-week lump sum available but the landlord informed WINZ that they were seeking termination so these funds were not advanced.
In March 2024 prior to the last hearing the tenant put in place an arrangement with WINZ whereby she pays $350 per week to the landlord being the weekly rent plus $40.00 towards the arrears. These payments are made by WINZ on a Tuesday. This payment arrangement has now been in place for ten weeks and the rent arrears have reduced since the order made on 28 March 2024.
The landlord provided an updated rent summary recording rent arrears of $8771.21 to 11 May 2024.
The tenant seeks to remain in the premises and continue to pay the arrears by way of the partial lump sum from WINZ and ongoing weekly payments of $40.00.
The landlord is opposed to the proposed payment plan and seeks termination of the tenancy immediately.
The Tribunal acknowledges that the rent arrears are high, however, the landlord did not take all reasonable steps to mitigate this loss as required by section 49 of the RTA and did not file proceedings until six months after the arrears began to accrue.
After a difficult period in her life the tenant has now taken active steps to make arrangements to pay the arrears. She has approached WINZ and understands that they will assist with a lump sum if the tenancy is able to continue. She has put in place a payment plan which has been in place for ten weeks and begun to reduce the arrears. She stated that she has engaged with a budgeter who is providing her with assistance.
Having carefully considered the facts of this case including the tenant’s long history in these premises, the circumstances that gave rise to the rent arrears and the steps the tenant has taken to begin payment of the arrears 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 Colliers New Zealand Limited As Agent For LINZ has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4849280 — net $8,791.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 May 2024	$8,771.21	Rent arrears to 11 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,791.65
Total payable by Tenant to Landlord	$8,791.65

Order

This order supersedes the Tribunal order dated 28 March 2024 (case number 4791770).
Kelly-Ann Perry owes Colliers New Zealand Limited As Agent For LINZ $8791.65 (“the debt”) calculated as shown in the table below:
Kelly-Ann Perry must pay rent and the debt as follows: a. By one lump sum payment of $1240.00 towards reducing the debt on or before Friday 7 June 2024. b. By weekly payments of $350.00, being $310.00 for current rent and $40.00 for the debt. c. Payments will be due every Tuesday with the first payment on Tuesday 14 May 2024 and continuing until the debt is paid in full. The final payment will be $341.65 ($310 for rent and $31.65 for the debt) on or before 21 December 2027. DescriptionLandlord Rent arrears to 11 May 2024$8771.21 Filing fee reimbursement$20.44 Total award$8,791.65 Total payable by Tenant to Landlord$8,791.65
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay the lump sum or rent and rent arrears within 2 working days of the due dates: a. The tenancy at 36 Duke Street, Feilding, Feilding 4702 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.
The conditional termination order will lapse once the debt is fully repaid. 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.

Reasons

Both parties attended the hearing which took place by teleconference on 8 May 2024.
The tenant rented the premises from a Crown Enterprise in 2008. She has lived there for sixteen years and brought up her children in the home. She advised that her children are now aged 15 and 19 years and still dependant on her.
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.
Section 55(1A) states that the Tribunal has a discretion to make a conditional order if, but only if, it is satisfied that (a)the tenant will pay any rent in arrear within a period specified by the Tribunal; and (b)it is unlikely that the tenant will commit any further breach of a kind to which ... subsection (1) applies
The tenant rented this premises from a Crown Enterprise and has a long standing tenancy in this premises. She stated that she has raised her children there. The rent was paid by WINZ and the tenant has a good rent history.
In late July 2023 the tenant stated that she sought to get off the benefit and obtained work. She notified WINZ immediately that she had obtained work and they cut her benefit during her training time, before she had begun to receive her employment pay. There was a delay in her first pay being received and she began to fall into financial difficulty.
The tenant stated that she had much difficulty arranging her new finances. She asked WINZ to inform her how to arrange to make her own rent payments and they would not provide her with the bank details and told her to contact the property manager. She was unsuccessful in obtaining this information for several months.
The property manager who attended the hearing today advised that a previous property manager left the company and there was a gap in staff between August and November 2023. In November 2023 the current property manager made contact with the tenant and discovered she had been laid off from her new job. The evidence was disputed as to what if any information was provided to the tenant regarding how to make arrangements about her rent.
The tenant advised that she was informed by WINZ there was a stand down for her benefit and she had no income until her benefit recommenced.
The landlord advised that proceedings were filed in the Tribunal in January 2024. On 28 March 2024 the parties attended a Tribunal hearing and an order was made ordering the tenant to pay the sum of $9031.73 immediately. The Tribunal declined to terminate the tenancy as the landlord had not applied for this.
The landlord then filed an application for termination.
The tenant advised that she approached WINZ for assistance to pay the arrears and was told that only four weeks rent in a lump sum would be paid but that this would not be advanced if the tenancy would be terminated. The landlord confirmed that WINZ had informed them of a four-week lump sum available but the landlord informed WINZ that they were seeking termination so these funds were not advanced.
In March 2024 prior to the last hearing the tenant put in place an arrangement with WINZ whereby she pays $350 per week to the landlord being the weekly rent plus $40.00 towards the arrears. These payments are made by WINZ on a Tuesday. This payment arrangement has now been in place for ten weeks and the rent arrears have reduced since the order made on 28 March 2024.
The landlord provided an updated rent summary recording rent arrears of $8771.21 to 11 May 2024.
The tenant seeks to remain in the premises and continue to pay the arrears by way of the partial lump sum from WINZ and ongoing weekly payments of $40.00.
The landlord is opposed to the proposed payment plan and seeks termination of the tenancy immediately.
The Tribunal acknowledges that the rent arrears are high, however, the landlord did not take all reasonable steps to mitigate this loss as required by section 49 of the RTA and did not file proceedings until six months after the arrears began to accrue.
After a difficult period in her life the tenant has now taken active steps to make arrangements to pay the arrears. She has approached WINZ and understands that they will assist with a lump sum if the tenancy is able to continue. She has put in place a payment plan which has been in place for ten weeks and begun to reduce the arrears. She stated that she has engaged with a budgeter who is providing her with assistance.
Having carefully considered the facts of this case including the tenant’s long history in these premises, the circumstances that gave rise to the rent arrears and the steps the tenant has taken to begin payment of the arrears 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 Colliers New Zealand Limited As Agent For LINZ has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4849280 — Rent arrears at 36 Duke Street, Feilding, Feilding 4702

At a glance

Tenancy Tribunal case 4849280 — Rent arrears at 36 Duke Street, Feilding, Feilding 4702

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions