What was Tenancy Tribunal case 4863168 about?

The tribunal order states: The tenancy of Renee Grace Rose Kake at [Tenancy address suppressed] is

How much money was awarded in case 4863168?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4863168?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4863168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10802222-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4863168 about?

The tribunal order states: The tenancy of Renee Grace Rose Kake at [Tenancy address suppressed] is

How much money was awarded in case 4863168?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord

What type of tenancy dispute was case 4863168?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4863168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10802222-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4863168 — Rent arrears

Claims and awards in Tenancy Tribunal application 4863168. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (27/09/23 & 27/03/24	$1,200.00		Rent arrears (27/09/23 & 27/03/24
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

The tenancy of Renee Grace Rose Kake at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 23.59 pm, Sunday, 22 September 2024. DescriptionLandlord Rent arrears (27/09/23 & 27/03/24)$1,200.00 Filing fee reimbursement$20.44 Total award$1,220.44

Reasons

[The landlord’s representatives] attended the hearing on behalf of [The landlord/s].
Ms. Kake, the tenant, did not attend the hearing. She did not contact the Registry to provide reasons for her absence, nor did she request an adjournment. As a result, I decided to proceed with the hearing in Ms. Kake’s absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986. Background
This matter concerns an application by [The landlord/s] to terminate the tenant's tenancy, Ms. Renee Kake, for breach of a previous Tribunal order dated 14th June 2024.
The issues under consideration include the failure to repair broken glass windows and a kitchen door as ordered by the Tribunal, as well as ongoing rent arrears amounting to $1,200. Issues for determination
Has the tenant complied with the Tribunal’s order to repair the broken windows and kitchen glass door by the specified date?
Has the tenant addressed the rent arrears in breach of her obligation to pay rent? Findings of fact Landlord's Access for Inspection
At the hearing on 14 June 2024, the tenant agreed to allow the landlord access to inspect the property on 15 June 2024.
[The landlord’s representative] confirmed that the inspection took place on 15 June 2024, as per the Tribunal’s previous order under the same file number 4863168 dated 14 June 2024. Repair of Windows and Kitchen Glass Door
The previous Tribunal order required the tenant to repair the broken windows by 4 pm on 1 July 2024. [The landlord’s representative] confirmed that while the tenant repaired the broken windows by 18th July 2024 (one week later than ordered), the kitchen glass door remained unrepaired.
The tenant provided an excuse that the glass repair company could not find a glass of the right size for the kitchen door.
A further inspection took place on 13 August 2024. [The landlord’s representative] confirmed that the kitchen door remained unfixed.
The landlord confirmed that the tenant had made no further attempt to repair the kitchen door. Rent Arrears
The tenant has been in arrears since the hearing on 14th June 2024. As of that date, the outstanding two weeks’ rent was $1,200. Two weeks' rent remains unpaid despite receiving payments through Work and Income New Zealand (WINZ).
The landlord has attempted to resolve the issue with the tenant, but the outstanding arrears have not been paid. The Law
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.
On 5 April 2024, the landlord served a 14-day notice on the tenant, but the tenant did not remedy the breach within the required period. Nor did the tenant remedy the breach in its entirety after the hearing on 14 June 2024.
The tenant has breached their obligations by: a. breach of Tribunal Order (Repair of Windows and Glass Door) and; b. two-week rent arrears remain unpaid. Breach of Tribunal Order (Repair of Windows and Glass Door)
The tenant has failed to fully comply with the Tribunal’s order of 14th June 2024. While the windows were repaired a week late, the kitchen glass door remains unrepaired.
The tenant’s explanation regarding the difficulty in finding the right glass size is noted but is not sufficient to excuse her failure to comply with the Tribunal’s order. Rent Arrears
The tenant has failed to address the rent arrears of $1,200, despite being given adequate time to do so. This failure constitutes a breach of the tenancy agreement and the Tribunal's directive. Conclusion
In my view, it would be inequitable to refuse to terminate the tenancy because The tenant has been given ample time to comply with the Tribunal’s previous order and to address the rent arrears. Her continued breach of the order and failure to pay the outstanding rent make it inequitable for the Tribunal to allow the tenancy to continue.
Therefore, the tenancy is terminated. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression order
Because [The landlord/s] has wholly succeeded in proceedings. I hereby order the suppression of the landlord's and property address's identifying particulars.

Claims and awards in Tenancy Tribunal application 4863168. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (27/09/23 & 27/03/24	$1,200.00		Rent arrears (27/09/23 & 27/03/24
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

The tenancy of Renee Grace Rose Kake at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 23.59 pm, Sunday, 22 September 2024. DescriptionLandlord Rent arrears (27/09/23 & 27/03/24)$1,200.00 Filing fee reimbursement$20.44 Total award$1,220.44

Reasons

[The landlord’s representatives] attended the hearing on behalf of [The landlord/s].
Ms. Kake, the tenant, did not attend the hearing. She did not contact the Registry to provide reasons for her absence, nor did she request an adjournment. As a result, I decided to proceed with the hearing in Ms. Kake’s absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986. Background
This matter concerns an application by [The landlord/s] to terminate the tenant's tenancy, Ms. Renee Kake, for breach of a previous Tribunal order dated 14th June 2024.
The issues under consideration include the failure to repair broken glass windows and a kitchen door as ordered by the Tribunal, as well as ongoing rent arrears amounting to $1,200. Issues for determination
Has the tenant complied with the Tribunal’s order to repair the broken windows and kitchen glass door by the specified date?
Has the tenant addressed the rent arrears in breach of her obligation to pay rent? Findings of fact Landlord's Access for Inspection
At the hearing on 14 June 2024, the tenant agreed to allow the landlord access to inspect the property on 15 June 2024.
[The landlord’s representative] confirmed that the inspection took place on 15 June 2024, as per the Tribunal’s previous order under the same file number 4863168 dated 14 June 2024. Repair of Windows and Kitchen Glass Door
The previous Tribunal order required the tenant to repair the broken windows by 4 pm on 1 July 2024. [The landlord’s representative] confirmed that while the tenant repaired the broken windows by 18th July 2024 (one week later than ordered), the kitchen glass door remained unrepaired.
The tenant provided an excuse that the glass repair company could not find a glass of the right size for the kitchen door.
A further inspection took place on 13 August 2024. [The landlord’s representative] confirmed that the kitchen door remained unfixed.
The landlord confirmed that the tenant had made no further attempt to repair the kitchen door. Rent Arrears
The tenant has been in arrears since the hearing on 14th June 2024. As of that date, the outstanding two weeks’ rent was $1,200. Two weeks' rent remains unpaid despite receiving payments through Work and Income New Zealand (WINZ).
The landlord has attempted to resolve the issue with the tenant, but the outstanding arrears have not been paid. The Law
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.
On 5 April 2024, the landlord served a 14-day notice on the tenant, but the tenant did not remedy the breach within the required period. Nor did the tenant remedy the breach in its entirety after the hearing on 14 June 2024.
The tenant has breached their obligations by: a. breach of Tribunal Order (Repair of Windows and Glass Door) and; b. two-week rent arrears remain unpaid. Breach of Tribunal Order (Repair of Windows and Glass Door)
The tenant has failed to fully comply with the Tribunal’s order of 14th June 2024. While the windows were repaired a week late, the kitchen glass door remains unrepaired.
The tenant’s explanation regarding the difficulty in finding the right glass size is noted but is not sufficient to excuse her failure to comply with the Tribunal’s order. Rent Arrears
The tenant has failed to address the rent arrears of $1,200, despite being given adequate time to do so. This failure constitutes a breach of the tenancy agreement and the Tribunal's directive. Conclusion
In my view, it would be inequitable to refuse to terminate the tenancy because The tenant has been given ample time to comply with the Tribunal’s previous order and to address the rent arrears. Her continued breach of the order and failure to pay the outstanding rent make it inequitable for the Tribunal to allow the tenancy to continue.
Therefore, the tenancy is terminated. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression order
Because [The landlord/s] has wholly succeeded in proceedings. I hereby order the suppression of the landlord's and property address's identifying particulars.

Tenancy Tribunal case 4863168 — Rent arrears

At a glance

Tenancy Tribunal case 4863168 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions