What was Tenancy Tribunal case 4860761 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $1,131.87 (“the debt”) calculated as shown

How much money was awarded in case 4860761?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,111.43 awarded to landlord

What type of tenancy dispute was case 4860761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4860761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10360624-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4860761 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $1,131.87 (“the debt”) calculated as shown

How much money was awarded in case 4860761?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,111.43 awarded to landlord

What type of tenancy dispute was case 4860761?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4860761?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10360624-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4860761 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4860761 — net $1,131.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20/05/24	$1,111.43	Rent arrears (to 20/05/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,131.87
Total payable by Tenant to Landlord	$1,131.87

[The tenant/s] owes [The landlord/s] $1,131.87 (“the debt”) calculated as shown in the table below.

[The tenant] must pay rent and the debt as follows: a. $1,131.87(the debt) must be paid on 11 June 2023; and b. $500.00 per week rent must be paid on a Monday of each week commencing on 10 June 2024; c. Any further rent arrears accrued between 21 May 2024 and 9 June 2024 to be paid by 11 June 2024;

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 [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.

The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.

The tenant wants to repay the debt to avoid immediate termination as he has only fallen behind on rent due to a sudden heart and lung operation that has rendered him unable to work. He is self-employed so has no sick leave entitlement and is unable to access any savings while in hospital.

It is likely to be 2 to 3 weeks before he is well enough to consider and investigate options for assistance to pay his rent arrears and to pay his rent until he is medically fit to return to work.

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 falling into rent arrears due to a sudden medical condition that has required him to undergo major surgery. On 10 April 2024, the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period as the tenant was hospitalised and has not have access to his bank account. It would be inequitable to refuse to terminate the tenancy when the tenant is in rent arrears and is not able to pay his rent without some support until he is medically fit to return to work.

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. Reimbursement of the filing fee

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

Claims and awards in Tenancy Tribunal application 4860761 — net $1,131.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20/05/24	$1,111.43	Rent arrears (to 20/05/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,131.87
Total payable by Tenant to Landlord	$1,131.87

Order

[The tenant/s] owes [The landlord/s] $1,131.87 (“the debt”) calculated as shown in the table below.
[The tenant] must pay rent and the debt as follows: a. $1,131.87(the debt) must be paid on 11 June 2023; and b. $500.00 per week rent must be paid on a Monday of each week commencing on 10 June 2024; c. Any further rent arrears accrued between 21 May 2024 and 9 June 2024 to be paid by 11 June 2024;
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 [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.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
The tenant wants to repay the debt to avoid immediate termination as he has only fallen behind on rent due to a sudden heart and lung operation that has rendered him unable to work. He is self-employed so has no sick leave entitlement and is unable to access any savings while in hospital.
It is likely to be 2 to 3 weeks before he is well enough to consider and investigate options for assistance to pay his rent arrears and to pay his rent until he is medically fit to return to work.

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 falling into rent arrears due to a sudden medical condition that has required him to undergo major surgery. On 10 April 2024, the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period as the tenant was hospitalised and has not have access to his bank account. It would be inequitable to refuse to terminate the tenancy when the tenant is in rent arrears and is not able to pay his rent without some support until he is medically fit to return to work.
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. Reimbursement of the filing fee
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4860761 — Rent arrears

At a glance

Tenancy Tribunal case 4860761 — 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