What was Tenancy Tribunal case 4897188 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $3,087.37 (“the debt”).

How much money was awarded in case 4897188?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,066.93 awarded to landlord

What type of tenancy dispute was case 4897188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4897188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10545070-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4897188 about?

The tribunal order states: [The tenant/s] owes [The landlord/s] $3,087.37 (“the debt”).

How much money was awarded in case 4897188?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,066.93 awarded to landlord

What type of tenancy dispute was case 4897188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4897188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10545070-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4897188 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4897188 — net $3,087.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 09 July 2024	$3,066.93	Rent arrears to 09 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,087.37
Total payable by Tenant to Landlord	$3,087.37

[The tenant/s] owes [The landlord/s] $3,087.37 (“the debt”).

[The tenant/s] must pay rent and the debt as follows: a. Weekly payments of $660.00, being $450.00 for rent and $210.00 for the debt. b. Payments will be every Wednesday, with the first payment on 10 July 2024, 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:

The tenancy at [Tenancy address suppressed] will terminate, and the landlord will have immediate possession of the premises.

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’s representative] appeared for the landlord. [The tenant/s] appeared for the tenant. Both did so by telephone.

The tenancy commenced on 23 February 2023 and is periodic. On 24 May 2024, the landlord filed a claim seeking termination of the tenancy for rent arrears of more than 21 days, section 55(1)(a) of the Residential Tenancies Act 1986 (the “Act”), rent arrears, water rates, refund of the bond, and reimbursement of the filing fee.

When 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) of the Act.

The rent summary shows that at the time of filing the application, the rent arrears were more than 21 days. As of 09 July 2024, the rent arrears are $3,066.93, which is almost seven weeks in arrears.

[The landlord’s representative] states that since the filing of the application, an agreement has been reached between the parties. [The landlord’s representative] also advises that the water rates have been settled and are no longer sought. Instead of an immediate and final termination order, the parties now seek that I make an order for conditional termination. The tenant confirms this.

I am satisfied that it is appropriate to make the order as sought. The tenant will pay $450.00 toward the rent and $210.00 toward the debt (a total of $660.00) every Wednesday, with the first payment being next Wednesday 10 July 2024, until the debt owed is paid in full.

If the tenant fails to make payments within two working days of the due date the tenancy will be terminated.

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) of the Act. Costs

As the landlord has been wholly successful, I order reimbursement of the filing fee. Name suppression

Both parties seek name suppression.

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

The landlord has been wholly successful and is granted name suppression. The tenant has avoided immediate termination and, on that basis can be considered substantially successful. I therefore also order suppression of the tenant’s name.

Claims and awards in Tenancy Tribunal application 4897188 — net $3,087.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 09 July 2024	$3,066.93	Rent arrears to 09 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,087.37
Total payable by Tenant to Landlord	$3,087.37

Order

[The tenant/s] owes [The landlord/s] $3,087.37 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. Weekly payments of $660.00, being $450.00 for rent and $210.00 for the debt. b. Payments will be every Wednesday, with the first payment on 10 July 2024, 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:
The tenancy at [Tenancy address suppressed] will terminate, and the landlord will have immediate possession of the premises.
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’s representative] appeared for the landlord. [The tenant/s] appeared for the tenant. Both did so by telephone.
The tenancy commenced on 23 February 2023 and is periodic. On 24 May 2024, the landlord filed a claim seeking termination of the tenancy for rent arrears of more than 21 days, section 55(1)(a) of the Residential Tenancies Act 1986 (the “Act”), rent arrears, water rates, refund of the bond, and reimbursement of the filing fee.
When 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) of the Act.
The rent summary shows that at the time of filing the application, the rent arrears were more than 21 days. As of 09 July 2024, the rent arrears are $3,066.93, which is almost seven weeks in arrears.
[The landlord’s representative] states that since the filing of the application, an agreement has been reached between the parties. [The landlord’s representative] also advises that the water rates have been settled and are no longer sought. Instead of an immediate and final termination order, the parties now seek that I make an order for conditional termination. The tenant confirms this.
I am satisfied that it is appropriate to make the order as sought. The tenant will pay $450.00 toward the rent and $210.00 toward the debt (a total of $660.00) every Wednesday, with the first payment being next Wednesday 10 July 2024, until the debt owed is paid in full.
If the tenant fails to make payments within two working days of the due date the tenancy will be terminated.
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) of the Act. Costs
As the landlord has been wholly successful, I order reimbursement of the filing fee. Name suppression
Both parties seek name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been wholly successful and is granted name suppression. The tenant has avoided immediate termination and, on that basis can be considered substantially successful. I therefore also order suppression of the tenant’s name.

Tenancy Tribunal case 4897188 — Rent arrears

At a glance

Tenancy Tribunal case 4897188 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions