What was the outcome of Tenancy Tribunal case 4862160?

The tribunal order states: Jahvise Gardiner owes Utrust Property Management Limited As Agent For

How much money was awarded in case 4862160?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $937.64 awarded to landlord

What type of tenancy dispute was case 4862160?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10426907-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4862160?

The tribunal order states: Jahvise Gardiner owes Utrust Property Management Limited As Agent For

How much money was awarded in case 4862160?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $937.64 awarded to landlord

What type of tenancy dispute was case 4862160?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10426907-Tenancy_Tribunal_Order.pdf.

Unit/Flat 11, 2 Vine Street, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 4862160 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4862160 — net $958.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2024	$937.64	Rent arrears to 7 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$958.08
Total payable by Tenant to Landlord	$958.08

Jahvise Gardiner owes Utrust Property Management Limited As Agent For Graeme Joe, Ling Su $958.08 (“the debt”).

Jahvise Gardiner must pay rent and the debt as follows: a. By 6 weekly payments of $400.00, being $260.00 for rent and $140.00 for the debt. b. A final payment of $378.08, being $260.00 for rent and $118.08 for the debt. c. Payments will be every Saturday, with the first payment due on or before Saturday 8 June 2024 and continuing each week until the debt is paid in full.

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: DescriptionLandlord Rent arrears to 7 June 2024$937.64 Filing fee reimbursement$20.44 Total award$958.08 Total payable by Tenant to Landlord$958.08 a. The tenancy at Unit/Flat 11, 2 Vine Street, Hillcrest, Hamilton 3216 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 which took place by teleconference.

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.

This tenancy began in December 2022. The tenant had a good rent history for the first year. The tenant explained that he has begun working and had difficulties with rent over the 2023/2024 Christmas holiday period due to being forced to take unpaid leave. He then resumed rent payments but had a further problem in March/April 2024 when he lost his phone and did not know how to make payments without it. He commenced paying rent and a payment towards arrears in May 2024 and has now made five regular payments.

The tenant advises that a further payment was made today but this has not yet shown up in the landlord’s account so I include this as the first payment to be due by Saturday 8 June 2024.

As the tenant has begun a repayment arrangement prior to this hearing 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 Utrust Property Management Limited As Agent For Graeme Joe, Ling Su has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4862160 — net $958.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2024	$937.64	Rent arrears to 7 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$958.08
Total payable by Tenant to Landlord	$958.08

Jahvise Gardiner owes Utrust Property Management Limited As Agent For Graeme Joe, Ling Su $958.08 (“the debt”).

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

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 which took place by teleconference.

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?

The tenant advises that a further payment was made today but this has not yet shown up in the landlord’s account so I include this as the first payment to be due by Saturday 8 June 2024.

Because Utrust Property Management Limited As Agent For Graeme Joe, Ling Su has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4862160 — Rent arrears at Unit/Flat 11, 2 Vine Street, Hillcrest, Hamilton 3216

At a glance

Tenancy Tribunal case 4862160 — Rent arrears at Unit/Flat 11, 2 Vine Street, Hillcrest, Hamilton 3216

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