How much money was awarded in case 4883900?

Filing Fee: $20.44 awarded to tenant; Rent Arrears: $857.14 awarded to tenant

What type of tenancy dispute was case 4883900?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4883900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10476871-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4883900?

Filing Fee: $20.44 awarded to tenant; Rent Arrears: $857.14 awarded to tenant

What type of tenancy dispute was case 4883900?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4883900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10476871-Tribunal_Order_Redacted.pdf.

27 Ward Crescent, Marewa, Napier 4110 Tenancy Tribunal Case 4883900 — Rent arrears

Q: What was Tenancy Tribunal case 4883900 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4883900. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
immediately, being rent arrears to 18 June 2024 and reimbursement		$857.14	immediately, being rent arrears to 18 June 2024 and reimbursement
of the filing fee		$20.44	of the filing fee

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Evelyn Manuel and Mark Pene must pay [The landlord/s] $877.58 immediately, being rent arrears to 18 June 2024 ($857.14) and reimbursement of the filing fee ($20.44).

Evelyn Manuel and Mark Pene must pay rent to [The landlord/s] as it falls due, being rental of $640 per week payable every Friday.

Reasons

Only the landlord attended the hearing which was held by video conference. The landlord was represented by [Property Manager]. Neither tenant joined the video conference and so I called each tenant on the mobile numbers recorded on the file. Both calls went to voicemail.

I am satisfied that the tenants have been served with this application and had notice of the hearing and so the hearing proceeded in their absence.

The landlord filed this application on 20 May 2024. The landlord applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

Section 55(1)(a) of the Residential Tenancies Act 1986 (“RTA”) provides that the tenancy shall be terminated if rent is more than 21 days in arrears at the date the application was filed.

Section 55(1)(aa) RTA provides that the tenancy shall be terminated if: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

The rent for this property is $640 per week. At the date of filing this application the rent was more than 21 days in arrears ($1,954.29).

The landlord has served notices on the tenant as required under section 55(1)(aa) of the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice. The notices show that the rent was more than 5 days in arrears on each occasion ($665.71 on 12 April 2024, $674.29 on 29 April 2024 and $1,280.00 on 9 May 2024).

At the hearing today the landlord filed a rent summary showing that the tenants are currently $857.14 in arrears (as of yesterday). The rent summary shows that the tenants are now paying the rent as it falls due and yesterday paid two weeks rent in an attempt to reduce the arrears.

The rent is now just over one week overdue. The tenants have made significant efforts to reduce the rent owing since the date the landlord filed this application.

The tenants must pay the arrears of $857.14 immediately together with the filing fee of $20.44.

I see from the rent summary that the tenants have often been paying the rent late. The rent is due on Fridays and although it is sometimes paid on a Friday it is often paid the following day or early the following week. The tenants must pay rent every Friday as it falls due.

The tenants are on notice that if they do not pay the arrears as ordered and do not continue to pay rent as it falls due it is likely that the landlord will file a further application for termination of the tenancy. A further application is likely to be successful. Name suppression and filing fee

I have ordered the refund of the filing fee to the landlord as the landlord has been substantially successful with the claim.

I have also made an order for name suppression in favour of the landlord, as the landlord has applied for an order for suppression and is entitled to an order under section 95A RTA.

Claims and awards in Tenancy Tribunal application 4883900. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
immediately, being rent arrears to 18 June 2024 and reimbursement		$857.14	immediately, being rent arrears to 18 June 2024 and reimbursement
of the filing fee		$20.44	of the filing fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Evelyn Manuel and Mark Pene must pay [The landlord/s] $877.58 immediately, being rent arrears to 18 June 2024 ($857.14) and reimbursement of the filing fee ($20.44).
Evelyn Manuel and Mark Pene must pay rent to [The landlord/s] as it falls due, being rental of $640 per week payable every Friday.

Reasons

Only the landlord attended the hearing which was held by video conference. The landlord was represented by [Property Manager]. Neither tenant joined the video conference and so I called each tenant on the mobile numbers recorded on the file. Both calls went to voicemail.
I am satisfied that the tenants have been served with this application and had notice of the hearing and so the hearing proceeded in their absence.
The landlord filed this application on 20 May 2024. The landlord applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be terminated?

Section 55(1)(a) of the Residential Tenancies Act 1986 (“RTA”) provides that the tenancy shall be terminated if rent is more than 21 days in arrears at the date the application was filed.
Section 55(1)(aa) RTA provides that the tenancy shall be terminated if: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
The rent for this property is $640 per week. At the date of filing this application the rent was more than 21 days in arrears ($1,954.29).
The landlord has served notices on the tenant as required under section 55(1)(aa) of the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice. The notices show that the rent was more than 5 days in arrears on each occasion ($665.71 on 12 April 2024, $674.29 on 29 April 2024 and $1,280.00 on 9 May 2024).
At the hearing today the landlord filed a rent summary showing that the tenants are currently $857.14 in arrears (as of yesterday). The rent summary shows that the tenants are now paying the rent as it falls due and yesterday paid two weeks rent in an attempt to reduce the arrears.
The rent is now just over one week overdue. The tenants have made significant efforts to reduce the rent owing since the date the landlord filed this application.
The tenants must pay the arrears of $857.14 immediately together with the filing fee of $20.44.
I see from the rent summary that the tenants have often been paying the rent late. The rent is due on Fridays and although it is sometimes paid on a Friday it is often paid the following day or early the following week. The tenants must pay rent every Friday as it falls due.
The tenants are on notice that if they do not pay the arrears as ordered and do not continue to pay rent as it falls due it is likely that the landlord will file a further application for termination of the tenancy. A further application is likely to be successful. Name suppression and filing fee
I have ordered the refund of the filing fee to the landlord as the landlord has been substantially successful with the claim.
I have also made an order for name suppression in favour of the landlord, as the landlord has applied for an order for suppression and is entitled to an order under section 95A RTA.

Tenancy Tribunal case 4883900 — Rent arrears at 27 Ward Crescent, Marewa, Napier 4110

At a glance

Tenancy Tribunal case 4883900 — Rent arrears at 27 Ward Crescent, Marewa, Napier 4110

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