What was Tenancy Tribunal case 4870101 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $4,780.44 (rent arrears to Tuesday 09 July

How much money was awarded in case 4870101?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,760.00 awarded to landlord

What type of tenancy dispute was case 4870101?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4870101?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10543908-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4870101 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $4,780.44 (rent arrears to Tuesday 09 July

How much money was awarded in case 4870101?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,760.00 awarded to landlord

What type of tenancy dispute was case 4870101?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4870101?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10543908-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4870101 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4870101. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 09 July 2024	$4,760.00		Rent arrears to 09 July 2024
Reimbursement of filing fee	$20.44		Reimbursement of filing fee

[The tenant/s] owes [The landlord/s] $4,780.44 (rent arrears to Tuesday 09 July 2024 of $4,760.00, and reimbursement of the $20.44 filing fee - “the debt”).

If the tenant fails to pay the debt in full by midnight Tuesday 09 July 2024, the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. The balance of the debt will be payable immediately.

Reasons

[The landlord’s representative] appeared for the landlord. [The tenant/s] appeared for the tenant and was assisted by an auntie. Both parties appeared by telephone.

The tenancy commenced on 08 February 2023 and is periodic. On 24 April 2024, the landlord applied for termination of the tenancy for failing to remedy a 14-day breach notice for rent arrears issued 22 April 2024. The landlord also sought rent arrears, water rates, refund of the bond, and reimbursement of the filing fee.

When a landlord applies to terminate for a breach by failing to remedy a notice for rent arrears, and rent is at least twenty - one days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986 (the “Act”).

An up to date rent summary has been produced. It shows the breach notice issued under section 56(1) of the Act on 22 April 2024 was not remedied. Furthermore, the rent is at least 21 days in arrears at today’s hearing date. There are grounds for immediate termination of the tenancy.

The tenant wants to repay the debt to avoid immediate termination. They state that WINZ have advised them to provide evidence of the debt in the form of an order from the Tribunal confirming the amount owed and the consequence of non-payment. The landlord has agreed to defer termination until 09 July 2024 on the condition that if the rent arrears are not paid in full by midnight on Tuesday 09 July 2024 the tenancy will be terminated, and immediate possession granted to the landlord. In my view it is appropriate to make such a conditional order.

If the tenant pays the debt by the due date, the tenancy will not be terminated. If they fail to do so, the tenancy will be terminated.

A summary of water rates payments shows that the tenant owes water rates of $63.10. Payments of $20.00 per week had been made, although these appear to have ceased around the sometime the rent fell into arrears. The tenant states once the rent is sorted, these payments will be reinstated. I put the water rates to one side. Cost

Because [The landlord/s] has wholly succeeded with the claim I have reimbursed the filing fee. Name suppression

Both parties seek name suppression.

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

The landlord has been wholly successful and is granted name suppression. The tenant has avoided immediate termination, and, on that basis, I consider them to have been substantially successful. On that basis I also order suppression of the tenant’s name.

Claims and awards in Tenancy Tribunal application 4870101. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 09 July 2024	$4,760.00		Rent arrears to 09 July 2024
Reimbursement of filing fee	$20.44		Reimbursement of filing fee

Order

[The tenant/s] owes [The landlord/s] $4,780.44 (rent arrears to Tuesday 09 July 2024 of $4,760.00, and reimbursement of the $20.44 filing fee - “the debt”).
If the tenant fails to pay the debt in full by midnight Tuesday 09 July 2024, the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. The balance of the debt will be payable immediately.

Reasons

[The landlord’s representative] appeared for the landlord. [The tenant/s] appeared for the tenant and was assisted by an auntie. Both parties appeared by telephone.
The tenancy commenced on 08 February 2023 and is periodic. On 24 April 2024, the landlord applied for termination of the tenancy for failing to remedy a 14-day breach notice for rent arrears issued 22 April 2024. The landlord also sought rent arrears, water rates, refund of the bond, and reimbursement of the filing fee.
When a landlord applies to terminate for a breach by failing to remedy a notice for rent arrears, and rent is at least twenty - one days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986 (the “Act”).
An up to date rent summary has been produced. It shows the breach notice issued under section 56(1) of the Act on 22 April 2024 was not remedied. Furthermore, the rent is at least 21 days in arrears at today’s hearing date. There are grounds for immediate termination of the tenancy.
The tenant wants to repay the debt to avoid immediate termination. They state that WINZ have advised them to provide evidence of the debt in the form of an order from the Tribunal confirming the amount owed and the consequence of non-payment. The landlord has agreed to defer termination until 09 July 2024 on the condition that if the rent arrears are not paid in full by midnight on Tuesday 09 July 2024 the tenancy will be terminated, and immediate possession granted to the landlord. In my view it is appropriate to make such a conditional order.
If the tenant pays the debt by the due date, the tenancy will not be terminated. If they fail to do so, the tenancy will be terminated.
A summary of water rates payments shows that the tenant owes water rates of $63.10. Payments of $20.00 per week had been made, although these appear to have ceased around the sometime the rent fell into arrears. The tenant states once the rent is sorted, these payments will be reinstated. I put the water rates to one side. Cost
Because [The landlord/s] has wholly succeeded with the claim I have reimbursed the filing fee. Name suppression
Both parties seek name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been wholly successful and is granted name suppression. The tenant has avoided immediate termination, and, on that basis, I consider them to have been substantially successful. On that basis I also order suppression of the tenant’s name.

Tenancy Tribunal case 4870101 — Rent arrears

At a glance

Tenancy Tribunal case 4870101 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions