How much money was awarded in case 4885918?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,520.71 awarded to landlord

What type of tenancy dispute was case 4885918?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4885918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503644-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4885918?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,520.71 awarded to landlord

What type of tenancy dispute was case 4885918?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4885918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503644-Tenancy_Tribunal_Order.pdf.

11 Waldos Way, Mangere, Auckland 2022 Tenancy Tribunal Case 4885918 — Rent arrears

Q: What was Tenancy Tribunal case 4885918 about?

The tribunal order states: [The tenant/s] and [The tenant/s] owes 360 Property Management Limited As Agent For

Order

Claims and awards in Tenancy Tribunal application 4885918 — net $2,541.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2024	$2,520.71	Rent arrears to 26 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,541.15
Total payable by Tenant to Landlord	$2,541.15

[The tenant/s] and [The tenant/s] owes 360 Property Management Limited As Agent For Drew Investments $2,541.15 (“the debt”) being rent arrears to 26 June 2024 and the filing fee as detailed in the table below.

[The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By 5 weekly payments of $680.00, being $680.00 for rent to be paid every Friday, with the first payment on 28/06/2024 and the last payment on 26/07/2024; and b. A final payment of $3,200.71, being $680.00 for rent and $2,541.15 for the debt to be paid on Friday, 2 August 2024.

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 11 Waldos Way, Mangere, Auckland 2022 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

The landlord attended the hearing. The tenant did not.

The landlord has applied for conditional termination of the tenancy, rent arrears and the filing fee. The tenant wants to repay the debt to avoid immediate termination. Background

The tenancy began on 25 September 2021.

The rent is $680.00 per week.

The bond is $2,720.00.

From 25 September 2021 – early January 2023, the tenant paid their rent on time and was often in credit. From early January 2023, the tenant’s paying of rent became inconsistent. They often fell into arrears, which were cleared 1 – 3 weeks later, however, from 2 March 2024, the tenant has been in a constant state of arrears.

At the date that the application was filed on 13 May 2024, the tenant was $2,746.43 in arrears (29 days).

At the date of the hearing, the tenant was $2,520.71 in arrears (26 days).

Although the landlord could have sought immediate termination due to the tenant being more than 21 days in arrears at the date the application was filed pursuant to section 55(1)(a) of the Residential Tenancies Act 1986, they did not. This was because the tenant had recently returned to work and made efforts to clear the arrears. The tenant had also advised the landlord in an e-mail provided to the Tribunal, that they would be able to clear the arrears in full by the end of July 2024. Therefore, the landlord only sought conditional termination of the tenancy.

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.

Because 360 Property Management Limited As Agent For Drew Investments has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4885918 — net $2,541.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2024	$2,520.71	Rent arrears to 26 June 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,541.15
Total payable by Tenant to Landlord	$2,541.15

Order

[The tenant/s] and [The tenant/s] owes 360 Property Management Limited As Agent For Drew Investments $2,541.15 (“the debt”) being rent arrears to 26 June 2024 and the filing fee as detailed in the table below.
[The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By 5 weekly payments of $680.00, being $680.00 for rent to be paid every Friday, with the first payment on 28/06/2024 and the last payment on 26/07/2024; and b. A final payment of $3,200.71, being $680.00 for rent and $2,541.15 for the debt to be paid on Friday, 2 August 2024.
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 11 Waldos Way, Mangere, Auckland 2022 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

The landlord attended the hearing. The tenant did not.
The landlord has applied for conditional termination of the tenancy, rent arrears and the filing fee. The tenant wants to repay the debt to avoid immediate termination. Background
The tenancy began on 25 September 2021.
The rent is $680.00 per week.
The bond is $2,720.00.
From 25 September 2021 – early January 2023, the tenant paid their rent on time and was often in credit. From early January 2023, the tenant’s paying of rent became inconsistent. They often fell into arrears, which were cleared 1 – 3 weeks later, however, from 2 March 2024, the tenant has been in a constant state of arrears.
At the date that the application was filed on 13 May 2024, the tenant was $2,746.43 in arrears (29 days).
At the date of the hearing, the tenant was $2,520.71 in arrears (26 days).
Although the landlord could have sought immediate termination due to the tenant being more than 21 days in arrears at the date the application was filed pursuant to section 55(1)(a) of the Residential Tenancies Act 1986, they did not. This was because the tenant had recently returned to work and made efforts to clear the arrears. The tenant had also advised the landlord in an e-mail provided to the Tribunal, that they would be able to clear the arrears in full by the end of July 2024. Therefore, the landlord only sought conditional termination of the tenancy.

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.
Because 360 Property Management Limited As Agent For Drew Investments has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4885918 — Rent arrears at 11 Waldos Way, Mangere, Auckland 2022

At a glance

Tenancy Tribunal case 4885918 — Rent arrears at 11 Waldos Way, Mangere, Auckland 2022

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