What was the outcome of Tenancy Tribunal case 4854281?

The tribunal order states: Joanne Maree Walker owes Accommodation Centre Limited as agent for M & E

How much money was awarded in case 4854281?

Being: $930.00 awarded to landlord; For Rent And: $30.00 awarded to landlord

What type of tenancy dispute was case 4854281?

The primary dispute was Rent arrears. Related themes: 14-day notice, Leaks.

Where can I read the official tribunal order for case 4854281?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10536287-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4854281?

The tribunal order states: Joanne Maree Walker owes Accommodation Centre Limited as agent for M & E

How much money was awarded in case 4854281?

Being: $930.00 awarded to landlord; For Rent And: $30.00 awarded to landlord

What type of tenancy dispute was case 4854281?

The primary dispute was Rent arrears. Related themes: 14-day notice, Leaks.

Where can I read the official tribunal order for case 4854281?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10536287-Tenancy_Tribunal_Order.pdf.

126 Hampshire Street, Aranui, Christchurch 8061 Tenancy Tribunal Case 4854281 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4854281. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$930.00		being
for rent and	$30.00		for rent and

Joanne Maree Walker owes Accommodation Centre Limited as agent for M & E Orr $451.29 (“the debt”) being rent arrears to 4 July 2024.

Joanne Maree Walker must pay rent and the debt as follows: a. By fortnightly payments of $960.00, being $930.00 for rent and $30.00 for the debt. b. Payments will be every Thursday, with the first payment on 18 July 2024 and continuing every fortnight after that until the debt is paid in full.

Payments will be allocated in the following order: rent, then rent arrears.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 126 Hampshire Street, Aranui, Christchurch 8061 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

The landlord must carry out the following work to the premises, which must be completed by 9 August 2024: a. Arrange for a plumber to inspect the spouting by the toilet, the spouting by the shed, the downpipe from the top guttering, the main downpipe, and a leak from a pipe in the downstairs toilet.

Reasons

Both parties attended the hearing. Mr Bowden and Ms Lindsay represented the landlord.

The landlord has applied for termination of the tenancy and an order for rent arrears. The tenant wants to repay the debt to avoid immediate termination.

The debt has arisen because the tenant is paid fortnightly so she has not been able to pay the one week’s rent in advance the tenancy agreement requires. Consequently, there are constant rent arears which is proving frustrating for the landlord.

The tenant has applied for a work order.

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 (RTA).

The tenant breached her obligations by failing to pay rent on time. The landlord has issued multiple breach notices. Still, the rent is not 1 week in advance as it should be. It would be inequitable to refuse to terminate the tenancy, given the history of arrears.

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) RTA.

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) RTA. The tenant’s application

The tenant has raised repair issues especially concerning plumbing. The landlord has acted on those concerns, but some issues remain unresolved.

Mr Bowden undertook to have a plumber reassess the issues. The parties discussed a date for the plumber to attend so the tenant can be present.

Because the order is by consent, I have not made any consequential orders for non-compliance. The Tribunal is confident that the parties will resolve these matters between themselves.

The tenant raised an issue about silverfish in the carpet. Insect infestation is usually considered a tenant responsibility. I have not included that in the work order.

The tenant referred to drainage pipes on the footpath having collapsed. Mr Bowden said that following the plumbing assessment he would contact the Council for repairs if necessary.

Because both parties have been successful, I make no order for reimbursement of the filing fees. An award to one would be cancelled by an award to the other.

On my enquiry, neither party sought a name suppression order.

Order

Claims and awards in Tenancy Tribunal application 4854281. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$930.00		being
for rent and	$30.00		for rent and

Joanne Maree Walker owes Accommodation Centre Limited as agent for M & E Orr $451.29 (“the debt”) being rent arrears to 4 July 2024.

Payments will be allocated in the following order: rent, then rent arrears.

Reasons

Both parties attended the hearing. Mr Bowden and Ms Lindsay represented the landlord.

The landlord has applied for termination of the tenancy and an order for rent arrears. The tenant wants to repay the debt to avoid immediate termination.

The tenant has applied for a work order.

Should a conditional termination order be made?

The tenant has raised repair issues especially concerning plumbing. The landlord has acted on those concerns, but some issues remain unresolved.

Mr Bowden undertook to have a plumber reassess the issues. The parties discussed a date for the plumber to attend so the tenant can be present.

Because the order is by consent, I have not made any consequential orders for non-compliance. The Tribunal is confident that the parties will resolve these matters between themselves.

The tenant raised an issue about silverfish in the carpet. Insect infestation is usually considered a tenant responsibility. I have not included that in the work order.

The tenant referred to drainage pipes on the footpath having collapsed. Mr Bowden said that following the plumbing assessment he would contact the Council for repairs if necessary.

Because both parties have been successful, I make no order for reimbursement of the filing fees. An award to one would be cancelled by an award to the other.

On my enquiry, neither party sought a name suppression order.

Tenancy Tribunal case 4854281 — Rent arrears at 126 Hampshire Street, Aranui, Christchurch 8061

At a glance

Tenancy Tribunal case 4854281 — Rent arrears at 126 Hampshire Street, Aranui, Christchurch 8061

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions