What was Tenancy Tribunal case 4862233 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $2,198.07 (“the debt”), calculated in the

How much money was awarded in case 4862233?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,670.00 awarded to landlord; Water Rates: $507.63 awarded to landlord

What type of tenancy dispute was case 4862233?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644359-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4862233 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $2,198.07 (“the debt”), calculated in the

How much money was awarded in case 4862233?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,670.00 awarded to landlord; Water Rates: $507.63 awarded to landlord

What type of tenancy dispute was case 4862233?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4862233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10644359-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4862233 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4862233 — net $2,198.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02/07/2024	$1,670.00	Rent arrears to 02/07/2024
Water rates	$507.63	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,198.07
Total payable by Tenant to Landlord	$2,198.07

[The tenant/s] owes [The landlord/s] $2,198.07 (“the debt”), calculated in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $380.00, by redirection of rent from Work and Income NZ; b. By a lumpsum payment of $2,177.63 for the debt, to be paid by 5pm on Wednesday 7 August 2024; c. By reimbursement of the filing fee of $20.44 by 5pm on Wednesday 7 August 2024.

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

If the tenant fails to pay rent, rent arrears and water rates, 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 which was held on 3 July 2024. The tenant’s case manager from Work and Income NZ also joined the hearing.

The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

The hearing was adjourned to enable the agent for the landlord to seek instructions from the owners and confirm the outstanding debt.

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.

The case manager confirmed that a redirection of rent has always been in place but unfortunately when the rent was increased the payments had not been increased. This has now been sorted. The case manager advised that a recommendation will be made for the full debt to be paid by Work and Income NZ on condition that the tenant continues with his tenancy.

The above Order was agreed, which provides protection to the landlord for a period of three months and gives the tenant an opportunity to prove his commitment to paying the rent in full and on time.

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.

I note the landlord raised concerns regarding anti-social behaviour by the tenant resulting in the issuing of a trespass notice. The landlord had requested that it be a condition of the above Order that the tenant abide by the appropriate social interaction standard and quiet enjoyment within the apartment. However, as I explained at the hearing, I was unable to include this as a term in the above conditional order as it was not part of the original application.

Having said this, the Tribunal sounds a note of caution to the tenant. If a tenant (or a person in the premises with the tenant’s permission) displays anti-social behaviour, the landlord can issue a notice. If anti-social behaviour occurs on three separate occasions within a 90 day period, the landlord can then apply to the Tribunal for termination of the tenancy. In this case, the tenant should be careful to ensure he abides by the appropriate social interaction standard and quiet enjoyment within the apartment as displaying any anti-social behaviour can risk his tenancy being terminated.

As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.

This is essentially a consent order and therefore it is reasonable to grant suppression of the tenant and landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4862233 — net $2,198.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02/07/2024	$1,670.00	Rent arrears to 02/07/2024
Water rates	$507.63	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,198.07
Total payable by Tenant to Landlord	$2,198.07

Order

[The tenant/s] owes [The landlord/s] $2,198.07 (“the debt”), calculated in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $380.00, by redirection of rent from Work and Income NZ; b. By a lumpsum payment of $2,177.63 for the debt, to be paid by 5pm on Wednesday 7 August 2024; c. By reimbursement of the filing fee of $20.44 by 5pm on Wednesday 7 August 2024.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent, rent arrears and water rates, 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 which was held on 3 July 2024. The tenant’s case manager from Work and Income NZ also joined the hearing.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The hearing was adjourned to enable the agent for the landlord to seek instructions from the owners and confirm the outstanding debt.

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.
The case manager confirmed that a redirection of rent has always been in place but unfortunately when the rent was increased the payments had not been increased. This has now been sorted. The case manager advised that a recommendation will be made for the full debt to be paid by Work and Income NZ on condition that the tenant continues with his tenancy.
The above Order was agreed, which provides protection to the landlord for a period of three months and gives the tenant an opportunity to prove his commitment to paying the rent in full and on time.
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.
I note the landlord raised concerns regarding anti-social behaviour by the tenant resulting in the issuing of a trespass notice. The landlord had requested that it be a condition of the above Order that the tenant abide by the appropriate social interaction standard and quiet enjoyment within the apartment. However, as I explained at the hearing, I was unable to include this as a term in the above conditional order as it was not part of the original application.
Having said this, the Tribunal sounds a note of caution to the tenant. If a tenant (or a person in the premises with the tenant’s permission) displays anti-social behaviour, the landlord can issue a notice. If anti-social behaviour occurs on three separate occasions within a 90 day period, the landlord can then apply to the Tribunal for termination of the tenancy. In this case, the tenant should be careful to ensure he abides by the appropriate social interaction standard and quiet enjoyment within the apartment as displaying any anti-social behaviour can risk his tenancy being terminated.
As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.
This is essentially a consent order and therefore it is reasonable to grant suppression of the tenant and landlord’s name and identifying details.

Tenancy Tribunal case 4862233 — Rent arrears

At a glance

Tenancy Tribunal case 4862233 — 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