What was Tenancy Tribunal case 4882046 about?

The tribunal order states: By consent, the tenancy agreement is amended to remove [Tenant 2].

How much money was awarded in case 4882046?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $720.00 awarded to landlord

What type of tenancy dispute was case 4882046?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4882046?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10561543-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4882046 about?

The tribunal order states: By consent, the tenancy agreement is amended to remove [Tenant 2].

How much money was awarded in case 4882046?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $720.00 awarded to landlord

What type of tenancy dispute was case 4882046?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4882046?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10561543-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4882046 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4882046 — net $740.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/7/24	$720.00	Rent arrears to 9/7/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$740.44
Total payable by Tenant to Landlord	$740.44

By consent, the tenancy agreement is amended to remove [Tenant 2].

[The tenant/s] owes [The landlord/s] $740.44 (“the debt”) in accordance with the following table:

[The tenant/s] must pay rent and the debt as follows: a. By 7 weekly payments of $760.00, being $660.00 for rent and $100.00 for the debt. b. A final payment of $700.44, being $660.00 for rent and $40.44 for the debt. c. Payments will be every Wednesday, with the first payment today, 10/07/2024 and continuing until 28/08/2024.

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

If [The tenant/s] 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/s] fails to pay the filing fee within 2 working days of 28/08/24, the filing fee will be payable immediately.

[The tenant/s] is to remove the dog/s from the premise no later than 19 July 2024.

If order 7 is not complied with and the dog/s are not removed from the premise by 19 July 2024 the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing. [The landlord/s representative] represented the landlord.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to remedy the breaches to avoid immediate termination.

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.

[Tenant 1] has breached her obligations by failing to pay rent in accordance with her tenancy agreement and having dogs reside at the property. On 25 November 2023, 10 December 2023, 5 January 2024, 13 March 2024 and 20 April 2024 the landlord served 14-day notices on [Tenant 1], but the breaches were not remedied within the required periods.

Both parties agree to a conditional order to rectify the situation. [Tenant 1] says that her father is removing the dogs on 19 July.

Accordingly, by consent 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.

[Tenant 1] and the landlord agree that [Tenant 2] has left the tenancy and should be removed from the tenancy agreement. Accordingly, I amend the tenancy agreement to that end by consent.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Because this is a consent order, it is appropriate that all party identifying details be redacted from the published order.

Claims and awards in Tenancy Tribunal application 4882046 — net $740.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/7/24	$720.00	Rent arrears to 9/7/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$740.44
Total payable by Tenant to Landlord	$740.44

Order

By consent, the tenancy agreement is amended to remove [Tenant 2].
[The tenant/s] owes [The landlord/s] $740.44 (“the debt”) in accordance with the following table:
[The tenant/s] must pay rent and the debt as follows: a. By 7 weekly payments of $760.00, being $660.00 for rent and $100.00 for the debt. b. A final payment of $700.44, being $660.00 for rent and $40.44 for the debt. c. Payments will be every Wednesday, with the first payment today, 10/07/2024 and continuing until 28/08/2024.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If [The tenant/s] 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/s] fails to pay the filing fee within 2 working days of 28/08/24, the filing fee will be payable immediately.
[The tenant/s] is to remove the dog/s from the premise no later than 19 July 2024.
If order 7 is not complied with and the dog/s are not removed from the premise by 19 July 2024 the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing. [The landlord/s representative] represented the landlord.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to remedy the breaches to avoid immediate termination.

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.
[Tenant 1] has breached her obligations by failing to pay rent in accordance with her tenancy agreement and having dogs reside at the property. On 25 November 2023, 10 December 2023, 5 January 2024, 13 March 2024 and 20 April 2024 the landlord served 14-day notices on [Tenant 1], but the breaches were not remedied within the required periods.
Both parties agree to a conditional order to rectify the situation. [Tenant 1] says that her father is removing the dogs on 19 July.
Accordingly, by consent 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.
[Tenant 1] and the landlord agree that [Tenant 2] has left the tenancy and should be removed from the tenancy agreement. Accordingly, I amend the tenancy agreement to that end by consent.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because this is a consent order, it is appropriate that all party identifying details be redacted from the published order.

Tenancy Tribunal case 4882046 — Rent arrears

At a glance

Tenancy Tribunal case 4882046 — 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