What was Tenancy Tribunal case 4899280 about?

The tribunal order states: The tenancy of Christina McHenry at 4 Kirk Street, Waiuku, Waiuku 2123 is

How much money was awarded in case 4899280?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,960.00 awarded to landlord; Water Rates: $710.50 awarded to landlord

What type of tenancy dispute was case 4899280?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4899280?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10739109-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4899280 about?

The tribunal order states: The tenancy of Christina McHenry at 4 Kirk Street, Waiuku, Waiuku 2123 is

How much money was awarded in case 4899280?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,960.00 awarded to landlord; Water Rates: $710.50 awarded to landlord

What type of tenancy dispute was case 4899280?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4899280?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10739109-Tribunal_Order_Redacted.pdf.

4 Kirk Street, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4899280 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4899280 — net $850.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent due to termination	$1,960.00	Rent arrears and rent due to termination
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$710.50	Water rates
Net award	$850.94
Total payable by Tenant to Landlord	$850.94

The tenancy of Christina McHenry at 4 Kirk Street, Waiuku, Waiuku 2123 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Thursday 5 th September 2024.

Christina McHenry must pay [The landlord/s] $850.94 immediately, being rent arrears and rent due to 5 September 2024, water bills and reimbursement of filing fee, as calculated and set out below: DescriptionLandlord Rent arrears and rent due to termination $1,960.00 Filing fee reimbursement$20.44 Water rates$710.50 Total award$2,690.94 Minus Bond-$1,840.00 Total payable by Tenant to Landlord$850.94

The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend the hearing.

This is the second scheduled hearing of this matter. On 25 th July 2024 I made an order adjourning the hearing scheduled for that day as the landlord wished to amend his application to include termination of the tenancy as well as the rent arrears and outstanding water bills.

In my order of 25 th July 2024, I advised the tenant that this was notice of the intention of the landlord to terminate her tenancy because of the ongoing rent arrears and the fact that she has not paid water bills since December 2022. I had hoped that this would encourage Ms McHenry to engage with the landlord during the adjournment period to remedy the rent arrears and water bills. This has not happened.

The tenant was advised of todays hearing and was provided a Notice of Hearing by Tenancy Services. As she has chosen not to attend the scheduled hearing I will proceed in her absence.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations regarding rent arrears and water bills.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.

Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

The tenant has breached their obligations by being behind constantly in her rent. The tenant has been consistently in rent arrears for the last couple of years. The tenant has not paid any water bills since December 2022.

The landlord has engaged and repeatedly offered ways of remedying the arrears over the term of the tenancy. Regardless of the arrangements made the tenant reneges on the arrangements and the arrears remain.

The breach is not capable of remedy because all efforts made by the landlord to resolve the arrears have fallen through.

It would be inequitable to refuse to terminate the tenancy. The arrears have been consistently in arrears for at least the last two years. The water bills have not been paid for nearly two years. The landlord is paying the debts for the property and is incurring financial stress as a result.

The tenancy is terminated at 11.59pm on Thursday 5 th September 2024 and possession is granted to the landlord immediately after the termination date and time.

The landlord has applied for rent arrears and water bills and has provided rent records and water bills. These bills and records prove the amount of $1960.00 owing in rent arrears and rent due until the termination date of 5 th September 2024, and $710.50 in water bills.

I am satisfied that the landlord has proven his claim for rent arrears and water bills.

The landlord has applied for suppression of his name and identifying details and as he has been successful in his application, I may grant suppression. I am granting suppression of the landlord’s name and details.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4899280 — net $850.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent due to termination	$1,960.00	Rent arrears and rent due to termination
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$710.50	Water rates
Net award	$850.94
Total payable by Tenant to Landlord	$850.94

Order

The tenancy of Christina McHenry at 4 Kirk Street, Waiuku, Waiuku 2123 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Thursday 5 th September 2024.
Christina McHenry must pay [The landlord/s] $850.94 immediately, being rent arrears and rent due to 5 September 2024, water bills and reimbursement of filing fee, as calculated and set out below: DescriptionLandlord Rent arrears and rent due to termination $1,960.00 Filing fee reimbursement$20.44 Water rates$710.50 Total award$2,690.94 Minus Bond-$1,840.00 Total payable by Tenant to Landlord$850.94
The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, the tenant did not attend the hearing.
This is the second scheduled hearing of this matter. On 25 th July 2024 I made an order adjourning the hearing scheduled for that day as the landlord wished to amend his application to include termination of the tenancy as well as the rent arrears and outstanding water bills.
In my order of 25 th July 2024, I advised the tenant that this was notice of the intention of the landlord to terminate her tenancy because of the ongoing rent arrears and the fact that she has not paid water bills since December 2022. I had hoped that this would encourage Ms McHenry to engage with the landlord during the adjournment period to remedy the rent arrears and water bills. This has not happened.
The tenant was advised of todays hearing and was provided a Notice of Hearing by Tenancy Services. As she has chosen not to attend the scheduled hearing I will proceed in her absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations regarding rent arrears and water bills.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
Where the breach is not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.
However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.
The tenant has breached their obligations by being behind constantly in her rent. The tenant has been consistently in rent arrears for the last couple of years. The tenant has not paid any water bills since December 2022.
The landlord has engaged and repeatedly offered ways of remedying the arrears over the term of the tenancy. Regardless of the arrangements made the tenant reneges on the arrangements and the arrears remain.
The breach is not capable of remedy because all efforts made by the landlord to resolve the arrears have fallen through.
It would be inequitable to refuse to terminate the tenancy. The arrears have been consistently in arrears for at least the last two years. The water bills have not been paid for nearly two years. The landlord is paying the debts for the property and is incurring financial stress as a result.
The tenancy is terminated at 11.59pm on Thursday 5 th September 2024 and possession is granted to the landlord immediately after the termination date and time.
The landlord has applied for rent arrears and water bills and has provided rent records and water bills. These bills and records prove the amount of $1960.00 owing in rent arrears and rent due until the termination date of 5 th September 2024, and $710.50 in water bills.
I am satisfied that the landlord has proven his claim for rent arrears and water bills.
The landlord has applied for suppression of his name and identifying details and as he has been successful in his application, I may grant suppression. I am granting suppression of the landlord’s name and details.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4899280 — Rent arrears at 4 Kirk Street, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 4899280 — Rent arrears at 4 Kirk Street, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions