What was Tenancy Tribunal case 4882942 about?

The tribunal order states: [The tenant/s] owes Rental HQ Limited $482.07 (“the debt”).

How much money was awarded in case 4882942?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $461.63 awarded to landlord

What type of tenancy dispute was case 4882942?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4882942?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10629859-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4882942 about?

The tribunal order states: [The tenant/s] owes Rental HQ Limited $482.07 (“the debt”).

How much money was awarded in case 4882942?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $461.63 awarded to landlord

What type of tenancy dispute was case 4882942?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4882942?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10629859-Tribunal_Order_Redacted.pdf.

Unit/Flat A, 18 Armada Drive, Ranui, Auckland 0612 Tenancy Tribunal Case 4882942 — Rent arrears

Claims and awards in Tenancy Tribunal application 4882942 — net $482.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$461.63	4. The evidence produced establishes that the tenant breached their obligations by failing to remedy a 14-day notice for rent arrears issued on 04 April
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$482.07
Total payable by Tenant to Landlord	$482.07

Order

[The tenant/s] owes Rental HQ Limited $482.07 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $550.00, being $500.00 for rent and $50.00 for the debt. b. Payments will be every week, with the first payment on Friday 26 July 2024, and continuing 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: a. The tenancy at Unit/Flat A, 18 Armada Drive, Ranui, Auckland 0612 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

Ms Walker appeared for the landlord. [Tenant 1] appeared for the tenant.
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 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 (The “Act”).
The evidence produced establishes that the tenant breached their obligations by failing to remedy a 14-day notice for rent arrears issued on 04 April 2024.
Determining whether it would be inequitable to refuse to terminate, the Tribunal may consider a number of factors set out in the District Court in Vincent Dean Huff v City Central Property Management Limited [2020] NZDC 19229, which stated at [61]: [61] Factors which are relevant to whether it would be inequitable to refuse to terminate this tenancy include: i. The history of the tenancy. ii. Whether there has been a persistent failure after repeated warnings. iii. Whether the history of breaches was such that it was unlikely the tenant would comply with their obligations in the future. iv. Whether the breach was inadvertent or deliberately committed. v. The conduct of the landlord. vi. The gravity of the breach. vii. Whether termination is a proportionate response to the breach.
Based on the evidence, I am satisfied that it would be inequitable to refuse to terminate the tenancy.
The landlord states that several14-day notices have been issued for rent arrears, and that “hundreds” of messages have been sent about rent arrears. The landlord also states that there have been at least three applications made to the Tribunal, and that previous conditional orders have been complied with. The landlord states that [Tenant 2], who appeared to have been on a fixed income and was the primary payer of rent, has since left the property. This was confirmed by [Tenant 1]. The landlord is unwilling to amend the agreement to release [Tenant 2], as they are concerned about [Tenant 1]’s ability to make payments when due. The landlord has suggested that [Tenant 1] terminate the tenancy with notice; however, she is reluctant to do so at this time. Both [Tenant 2] and [Tenant 1] remain jointly liable for rent arrears.
[Tenant 1] states they are a single working mother and that they intend seeking government assistance with the rent. The rent summary shows that from the start of the tenancy, the rent has either been in arrears or in credit. Rent payments have to date have been made either just prior to, on, or after the due date, with a series of part payments. Full payments have been made infrequently. I accept that this must be frustrating for the landlord and has likely resulted in the extensive number of messages issued.
The up dated rent summary shows that as at today the rent arrears owing are less than one week.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, I am satisfied the tenant will obtain assistance and pay the debt within the period specified in the order. By the thinnest of margins, it is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) of the Act.
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) of the Act.
I have suggested the tenant endeavour to clear the rent arrears and bring the rent up to date as soon as possible and that they aim to maintain this position moving forward. While the tenant has avoided termination, the outcome may be different on any subsequent occasion.
The application regarding the water / wastewater charges is withdrawn. Costs
As the landlord has been successful with their application, I order reimbursement of the filing fee. Name suppression
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
In this case, assessed globally, I consider that both parties have been substantially successful, and both are entitled to name suppression.
Although they are entitled to do so the landlord does not seek suppression. The tenant seeks and is granted name suppression.

Claims and awards in Tenancy Tribunal application 4882942 — net $482.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$461.63	4. The evidence produced establishes that the tenant breached their obligations by failing to remedy a 14-day notice for rent arrears issued on 04 April
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$482.07
Total payable by Tenant to Landlord	$482.07

Order

[The tenant/s] owes Rental HQ Limited $482.07 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $550.00, being $500.00 for rent and $50.00 for the debt. b. Payments will be every week, with the first payment on Friday 26 July 2024, and continuing 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: a. The tenancy at Unit/Flat A, 18 Armada Drive, Ranui, Auckland 0612 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

Ms Walker appeared for the landlord. [Tenant 1] appeared for the tenant.
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 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 (The “Act”).
The evidence produced establishes that the tenant breached their obligations by failing to remedy a 14-day notice for rent arrears issued on 04 April 2024.
Determining whether it would be inequitable to refuse to terminate, the Tribunal may consider a number of factors set out in the District Court in Vincent Dean Huff v City Central Property Management Limited [2020] NZDC 19229, which stated at [61]: [61] Factors which are relevant to whether it would be inequitable to refuse to terminate this tenancy include: i. The history of the tenancy. ii. Whether there has been a persistent failure after repeated warnings. iii. Whether the history of breaches was such that it was unlikely the tenant would comply with their obligations in the future. iv. Whether the breach was inadvertent or deliberately committed. v. The conduct of the landlord. vi. The gravity of the breach. vii. Whether termination is a proportionate response to the breach.
Based on the evidence, I am satisfied that it would be inequitable to refuse to terminate the tenancy.
The landlord states that several14-day notices have been issued for rent arrears, and that “hundreds” of messages have been sent about rent arrears. The landlord also states that there have been at least three applications made to the Tribunal, and that previous conditional orders have been complied with. The landlord states that [Tenant 2], who appeared to have been on a fixed income and was the primary payer of rent, has since left the property. This was confirmed by [Tenant 1]. The landlord is unwilling to amend the agreement to release [Tenant 2], as they are concerned about [Tenant 1]’s ability to make payments when due. The landlord has suggested that [Tenant 1] terminate the tenancy with notice; however, she is reluctant to do so at this time. Both [Tenant 2] and [Tenant 1] remain jointly liable for rent arrears.
[Tenant 1] states they are a single working mother and that they intend seeking government assistance with the rent. The rent summary shows that from the start of the tenancy, the rent has either been in arrears or in credit. Rent payments have to date have been made either just prior to, on, or after the due date, with a series of part payments. Full payments have been made infrequently. I accept that this must be frustrating for the landlord and has likely resulted in the extensive number of messages issued.
The up dated rent summary shows that as at today the rent arrears owing are less than one week.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence, I am satisfied the tenant will obtain assistance and pay the debt within the period specified in the order. By the thinnest of margins, it is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) of the Act.
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) of the Act.
I have suggested the tenant endeavour to clear the rent arrears and bring the rent up to date as soon as possible and that they aim to maintain this position moving forward. While the tenant has avoided termination, the outcome may be different on any subsequent occasion.
The application regarding the water / wastewater charges is withdrawn. Costs
As the landlord has been successful with their application, I order reimbursement of the filing fee. Name suppression
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
In this case, assessed globally, I consider that both parties have been substantially successful, and both are entitled to name suppression.
Although they are entitled to do so the landlord does not seek suppression. The tenant seeks and is granted name suppression.

Tenancy Tribunal case 4882942 — Rent arrears at Unit/Flat A, 18 Armada Drive, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 4882942 — Rent arrears at Unit/Flat A, 18 Armada Drive, Ranui, Auckland 0612

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