What was Tenancy Tribunal case 4908510 about?

The tribunal order states: Matthew Haehae Snell and Juliana Temoti Leo owes [The landlord/s] $5,349.76

How much money was awarded in case 4908510?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,654.32 awarded to landlord; Rent In Advance For The Period 19/07…: $675.00 awarded to landlord

What type of tenancy dispute was case 4908510?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4908510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10585471-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4908510 about?

The tribunal order states: Matthew Haehae Snell and Juliana Temoti Leo owes [The landlord/s] $5,349.76

How much money was awarded in case 4908510?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,654.32 awarded to landlord; Rent In Advance For The Period 19/07…: $675.00 awarded to landlord

What type of tenancy dispute was case 4908510?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4908510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10585471-Tribunal_Order_Redacted.pdf.

13 Shearer Crescent, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 4908510 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4908510 — net $5,349.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in advance for the period 19/07/2024 – 25/07/2024	$675.00	Rent in advance for the period 19/07/2024 – 25/07/2024
Rent arrears to 16 July 2024	$4,654.32	Rent arrears to 16 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,349.76
Total payable by Tenant to Landlord	$5,349.76

Matthew Haehae Snell and Juliana Temoti Leo owes [The landlord/s] $5,349.76 (“the debt”) as detailed in the table below.

Matthew Haehae Snell and Juliana Temoti Leo must pay rent and the debt as follows: a. By 0 weekly payment of $5,329.32, being $5,329.32 for rent and $0.00 for the debt. b. Payment must be made by 5:00pm on Friday, 19 July 2024.

Payment 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 date: a. The tenancy at 13 Shearer Crescent, Naenae, Lower Hutt 5011 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.

Matthew Haehae Snell and Juliana Temoti Leo must pay [The landlord/s] $5,349.76 by 5:00pm, Friday 19 July 2024 per the below.

Reasons

The landlord attended the hearing by telephone. Matthew Snell attended the hearing by telephone and is one of the named tenants. Juliana Leo is the other named tenant and did not attend the hearing.

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

As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities. Service and non-attendance of tenant Juliana Leo

The tenancy agreement records the tenancy address as an address for service. The Notice of Hearing was sent by post to the tenancy address on 2 July 2024. I am satisfied that Ms Leo was provided with appropriate notice of the hearing and therefore determined the matter in her absence pursuant to section 92(1) of the Residential Tenancies Act 1986 (RTA).

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) RTA.

The application was filed on 6 June 2024. The rent arrears were $3,357.93 (34 days) on this date.

The landlord requested the Tribunal to make an order for conditional termination of the tenancy if payment for rent and arrears was not made in full by 5:00pm, Friday 19 July 2024.

The Tribunal may only make a conditional order for termination for the non- payment of rent if it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal and is unlikely to commit any further breach.

Mr Snell advised the Tribunal that he and Ms Leo split the payment of rent between the two of them. Ms Leo pays $216.65 per week and he pays $458.35 per week.

The rent summary provided to the Tribunal records regular weekly payments of $216.65 as having been made to the landlord. Mr Snell accepts that the reason for the current state of arrears is because he has fallen behind in his payment of the portion of rent. Mr Snell advised the Tribunal that this was because he had recently been required to support his sick parents and was temporarily stood down from receiving his benefit. Mr Snell advised the Tribunal that he intended to visit Work and Income New Zealand (WINZ) immediately after the hearing to seek financial assistance and organise an automatic redirection of $458.35 from his benefit to the landlord for payment of rent.

In these circumstances, 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. Rent arrears

The landlord has applied for rent arrears and has provided rent records which prove the amount owing, namely $4,654.32. I therefore find that they have proven this claim and order the tenant to pay rent arrears accordingly. Filing fee

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

Claims and awards in Tenancy Tribunal application 4908510 — net $5,349.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in advance for the period 19/07/2024 – 25/07/2024	$675.00	Rent in advance for the period 19/07/2024 – 25/07/2024
Rent arrears to 16 July 2024	$4,654.32	Rent arrears to 16 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,349.76
Total payable by Tenant to Landlord	$5,349.76

Order

Matthew Haehae Snell and Juliana Temoti Leo owes [The landlord/s] $5,349.76 (“the debt”) as detailed in the table below.
Matthew Haehae Snell and Juliana Temoti Leo must pay rent and the debt as follows: a. By 0 weekly payment of $5,329.32, being $5,329.32 for rent and $0.00 for the debt. b. Payment must be made by 5:00pm on Friday, 19 July 2024.
Payment 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 date: a. The tenancy at 13 Shearer Crescent, Naenae, Lower Hutt 5011 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.
Matthew Haehae Snell and Juliana Temoti Leo must pay [The landlord/s] $5,349.76 by 5:00pm, Friday 19 July 2024 per the below.

Reasons

The landlord attended the hearing by telephone. Matthew Snell attended the hearing by telephone and is one of the named tenants. Juliana Leo is the other named tenant and did not attend the hearing.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, and the filing fee. The tenant wants to repay the debt to avoid immediate termination.
As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities. Service and non-attendance of tenant Juliana Leo
The tenancy agreement records the tenancy address as an address for service. The Notice of Hearing was sent by post to the tenancy address on 2 July 2024. I am satisfied that Ms Leo was provided with appropriate notice of the hearing and therefore determined the matter in her absence pursuant to section 92(1) of the Residential Tenancies Act 1986 (RTA).

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) RTA.
The application was filed on 6 June 2024. The rent arrears were $3,357.93 (34 days) on this date.
The landlord requested the Tribunal to make an order for conditional termination of the tenancy if payment for rent and arrears was not made in full by 5:00pm, Friday 19 July 2024.
The Tribunal may only make a conditional order for termination for the non- payment of rent if it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal and is unlikely to commit any further breach.
Mr Snell advised the Tribunal that he and Ms Leo split the payment of rent between the two of them. Ms Leo pays $216.65 per week and he pays $458.35 per week.
The rent summary provided to the Tribunal records regular weekly payments of $216.65 as having been made to the landlord. Mr Snell accepts that the reason for the current state of arrears is because he has fallen behind in his payment of the portion of rent. Mr Snell advised the Tribunal that this was because he had recently been required to support his sick parents and was temporarily stood down from receiving his benefit. Mr Snell advised the Tribunal that he intended to visit Work and Income New Zealand (WINZ) immediately after the hearing to seek financial assistance and organise an automatic redirection of $458.35 from his benefit to the landlord for payment of rent.
In these circumstances, 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. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing, namely $4,654.32. I therefore find that they have proven this claim and order the tenant to pay rent arrears accordingly. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4908510 — Rent arrears at 13 Shearer Crescent, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4908510 — Rent arrears at 13 Shearer Crescent, Naenae, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions