What was Tenancy Tribunal case 4909867 about?

The tribunal order states: Reuben Conn owes [The landlord/s] $740.44 (“the debt”) as set out in the table:

How much money was awarded in case 4909867?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $720.00 awarded to landlord

What type of tenancy dispute was case 4909867?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4909867?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10629295-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4909867 about?

The tribunal order states: Reuben Conn owes [The landlord/s] $740.44 (“the debt”) as set out in the table:

How much money was awarded in case 4909867?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $720.00 awarded to landlord

What type of tenancy dispute was case 4909867?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4909867?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10629295-Tribunal_Order_Redacted.pdf.

Room Studio 5, 22 Viridian Lane, Greenhithe, Auckland Tenancy Tribunal Case 4909867 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4909867 — net $740.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent owed to 31 July 2024	$720.00	Rent arrears and rent owed to 31 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$740.44
Total payable by Tenant to Landlord	$740.44

Reuben Conn owes [The landlord/s] $740.44 (“the debt”) as set out in the table:

Reuben Conn must pay rent and the debt as follows: a. By a payment of $360.00 for rent on or before Friday 26 July 2024 and continuing weekly by the Friday of each week. b. By a final payment of $740.44, being $360 for weekly rent and $380.44 for the debt and this must be paid on or before Friday 23 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 Room Studio 5, 22 Viridian Lane, Greenhithe, Auckland 0632 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

Both parties attended the hearing.

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

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 (RTA).

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) RTA. Other orders

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

The landlord made an application for suppression. The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. I allow suppression because the landlord is the most successful party.

The tenant has also made an application for suppression. The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. See section 95A RTA.

I have considered the submissions made for the tenant. In particular I note that the tenant paid a large sum of money this week and he has arranged for rent to be paid by direct debit from now on. On the other hand there is public interest in tenants being named when they owe rent. I find the public interest outweighs this tenant’s interests and his name will be published.

Claims and awards in Tenancy Tribunal application 4909867 — net $740.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent owed to 31 July 2024	$720.00	Rent arrears and rent owed to 31 July 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$740.44
Total payable by Tenant to Landlord	$740.44

Order

Reuben Conn owes [The landlord/s] $740.44 (“the debt”) as set out in the table:
Reuben Conn must pay rent and the debt as follows: a. By a payment of $360.00 for rent on or before Friday 26 July 2024 and continuing weekly by the Friday of each week. b. By a final payment of $740.44, being $360 for weekly rent and $380.44 for the debt and this must be paid on or before Friday 23 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 Room Studio 5, 22 Viridian Lane, Greenhithe, Auckland 0632 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

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 (RTA).
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) RTA. Other orders
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
The landlord made an application for suppression. The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. I allow suppression because the landlord is the most successful party.
The tenant has also made an application for suppression. The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. See section 95A RTA.
I have considered the submissions made for the tenant. In particular I note that the tenant paid a large sum of money this week and he has arranged for rent to be paid by direct debit from now on. On the other hand there is public interest in tenants being named when they owe rent. I find the public interest outweighs this tenant’s interests and his name will be published.

Tenancy Tribunal case 4909867 — Rent arrears at Room Studio 5, 22 Viridian Lane, Greenhithe, Auckland

At a glance

Tenancy Tribunal case 4909867 — Rent arrears at Room Studio 5, 22 Viridian Lane, Greenhithe, Auckland

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