What was the outcome of Tenancy Tribunal case 4885540?

The tribunal order states: Hamish McKay and Sarah McKay owes Barfoot & Thompson Limited $3,921.07

How much money was awarded in case 4885540?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,400.00 awarded to landlord; Water Rates: $500.63 awarded to landlord

What type of tenancy dispute was case 4885540?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4885540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10538895-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4885540?

The tribunal order states: Hamish McKay and Sarah McKay owes Barfoot & Thompson Limited $3,921.07

How much money was awarded in case 4885540?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,400.00 awarded to landlord; Water Rates: $500.63 awarded to landlord

What type of tenancy dispute was case 4885540?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4885540?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10538895-Tenancy_Tribunal_Order.pdf.

123 St Heliers Bay Road, St Heliers, Auckland 1071 Tenancy Tribunal Case 4885540 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4885540 — net $3,921.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 July 2024	$3,400.00	Rent arrears to 4 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$500.63	Water rates
Net award	$3,921.07
Total payable by Tenant to Landlord	$3,921.07

Hamish McKay and Sarah McKay owes Barfoot & Thompson Limited $3,921.07 (“the debt”) as detailed in the table below.

Hamish McKay and Sarah McKay must pay rent and the debt as follows: a. By 1 weekly payment of $5,521.07, being $1,600.00 for rent and $3,921.07 for the debt to be paid on Tuesday, 9 July 2024 and received by the landlord no later than 5:00pm on Wednesday, 10 July 2024. b. By 3 weekly payments of $1,600.00 for rent to be paid every Wednesday and received by the landlord no later than 5:00pm every Thursday. The first payment to be made on Wednesday, 17 July 2024 and the last payment to be made on Wednesday, 31 July 2024. c. A final payment of $1,142.85 for rent to be paid on Wednesday 7 August 2024 and received by the landlord no later than 5:00pm on Thursday, 8 August 2024 to cover the period from 08/08/2024 – 12/08/2024.

The first payment of $5,521.07 due to be made on Tuesday, 9 July 2024, will be allocated in the following order: rent, rent arrears, water rates and the filing fee.

The remaining weekly payments will be for rent.

Provided the tenant makes payment of the matters detailed in paragraph [2] above by the due dates, the tenancy will terminate on 12 August 2024 by consent of both parties.

If the tenant fails to make payment of the matters detailed in paragraph [2] above within 2 working days of the due dates, then: a. The tenancy at 123 St Heliers Bay Road, St Heliers, Auckland 1071 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt and any further rent arrears accrued will be payable immediately.

Reasons

Both parties attended the hearing.

The tenancy began on 17 December 2020.

The rent is $1,600.00 per week.

The bond is $6,400.00.

Since the beginning of the tenancy, the tenant has fallen into arrears at one point or another. The arrears peaked at around $11,000.00 in January 2024. The tenant was able to clear these arrears by 22 February 2024. Since then, the tenant has fallen into arrears again. At the date of the hearing, the tenant owed $3,400.00 in rent arrears. The tenant had recently made a substantial payment towards the arrears of $8,600.00 on 2 and 3 July 2024.

At the hearing, the landlord and tenant advised the Tribunal that they had met with each other and formed a view about what the outcome should be. They both agreed that the tenancy should terminate by consent on 12 August 2024 and that the tenant should be permitted to stay in the property on a conditional basis until then.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

The landlord has applied for water rates. The landlord did not provide invoices from the relevant water rates authority however, the tenant accepted that they owed $500.63 in outstanding water rates and advised the Tribunal that they wanted to pay this.

Because Barfoot & Thompson Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4885540 — net $3,921.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 July 2024	$3,400.00	Rent arrears to 4 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$500.63	Water rates
Net award	$3,921.07
Total payable by Tenant to Landlord	$3,921.07

Order

Hamish McKay and Sarah McKay owes Barfoot & Thompson Limited $3,921.07 (“the debt”) as detailed in the table below.
Hamish McKay and Sarah McKay must pay rent and the debt as follows: a. By 1 weekly payment of $5,521.07, being $1,600.00 for rent and $3,921.07 for the debt to be paid on Tuesday, 9 July 2024 and received by the landlord no later than 5:00pm on Wednesday, 10 July 2024. b. By 3 weekly payments of $1,600.00 for rent to be paid every Wednesday and received by the landlord no later than 5:00pm every Thursday. The first payment to be made on Wednesday, 17 July 2024 and the last payment to be made on Wednesday, 31 July 2024. c. A final payment of $1,142.85 for rent to be paid on Wednesday 7 August 2024 and received by the landlord no later than 5:00pm on Thursday, 8 August 2024 to cover the period from 08/08/2024 – 12/08/2024.
The first payment of $5,521.07 due to be made on Tuesday, 9 July 2024, will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
The remaining weekly payments will be for rent.
Provided the tenant makes payment of the matters detailed in paragraph [2] above by the due dates, the tenancy will terminate on 12 August 2024 by consent of both parties.
If the tenant fails to make payment of the matters detailed in paragraph [2] above within 2 working days of the due dates, then: a. The tenancy at 123 St Heliers Bay Road, St Heliers, Auckland 1071 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt and any further rent arrears accrued will be payable immediately.

Reasons

Both parties attended the hearing.
The tenancy began on 17 December 2020.
The rent is $1,600.00 per week.
The bond is $6,400.00.
Since the beginning of the tenancy, the tenant has fallen into arrears at one point or another. The arrears peaked at around $11,000.00 in January 2024. The tenant was able to clear these arrears by 22 February 2024. Since then, the tenant has fallen into arrears again. At the date of the hearing, the tenant owed $3,400.00 in rent arrears. The tenant had recently made a substantial payment towards the arrears of $8,600.00 on 2 and 3 July 2024.
At the hearing, the landlord and tenant advised the Tribunal that they had met with each other and formed a view about what the outcome should be. They both agreed that the tenancy should terminate by consent on 12 August 2024 and that the tenant should be permitted to stay in the property on a conditional basis until then.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
The landlord has applied for water rates. The landlord did not provide invoices from the relevant water rates authority however, the tenant accepted that they owed $500.63 in outstanding water rates and advised the Tribunal that they wanted to pay this.
Because Barfoot & Thompson Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4885540 — Rent arrears at 123 St Heliers Bay Road, St Heliers, Auckland 1071

At a glance

Tenancy Tribunal case 4885540 — Rent arrears at 123 St Heliers Bay Road, St Heliers, Auckland 1071

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions