What was Tenancy Tribunal case 4914874 about?

The tribunal order states: [The tenant/s] owes Property Brokers Manawatu Limited as Agent for Hartej

How much money was awarded in case 4914874?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord

What type of tenancy dispute was case 4914874?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4914874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10629799-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4914874 about?

The tribunal order states: [The tenant/s] owes Property Brokers Manawatu Limited as Agent for Hartej

How much money was awarded in case 4914874?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord

What type of tenancy dispute was case 4914874?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4914874?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10629799-Tribunal_Order_Redacted.pdf.

121 Botanical Road, Takaro, Palmerston North 4412 Tenancy Tribunal Case 4914874 — Rent arrears

Claims and awards in Tenancy Tribunal application 4914874. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 28 July 2024	$1,250.00		4. The evidence establishes that the tenant has breached their obligations by failing to remedy a 14-day notice for rent arrears issued on 13 June
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

[The tenant/s] owes Property Brokers Manawatu Limited as Agent for Hartej Holdings $1,270.44 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $650.00, being $600.00 for rent and $50.00 for the debt. b. Payments will be every Monday, with the first payment on 29/07/2024 and continuing until the debt has been 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: a. The tenancy at 121 Botanical Road, Takaro, Palmerston North 4412 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

Ms Parry appeared for the landlord. The [ Tenant] appeared. Both appeared by telephone.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination. The landlord has indicated they are open to a conditional termination order being made.
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. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986 (The “Act”).
The evidence establishes that the tenant has breached their obligations by failing to remedy a 14-day notice for rent arrears issued on 13 June 2024.
Determining whether it would be inequitable to refuse termination, the Tribunal may consider a number of factors set out in the District Court in Vincent Dean Huff v City Central Property Management Limited [2020] NZDC 19229, which stated at [61]: [61] Factors which are relevant to whether it would be inequitable to refuse to terminate this tenancy include: i. The history of the tenancy. ii. Whether there has been a persistent failure after repeated warnings. iii. Whether the history of breaches was such that it was unlikely the tenant would comply with their obligations in the future. iv. Whether the breach was inadvertent or deliberately committed. v. The conduct of the landlord. vi. The gravity of the breach. vii. Whether termination is a proportionate response to the breach.
The tenancy commenced on 19 December 2022. This is the first 14-day breach notice issued for rent arrears. The notice was partially remedied. The up to date rent summary shows that as of today, the rent is over one week in arrears. Analysis of the summary also shows that the tenant has been at times in a credit before falling into arrears, which have remained consistently one or just over one week since around May 2024. The tenant is a single mother of three young children under the age of nine. The tenant indicates that finances are tight. The tenant states that they have appointment with Ministry of Social Development tomorrow and hope to plead their case for additional assistance. This would appear to be a good investment of the tenant’s time and effort.
While I am satisfied that it would be inequitable to refuse to terminate the tenancy, I am also satisfied that it is appropriate to make a conditional termination order, as having heard the evidence, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) of the Act.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
I have suggested the tenant endeavour to clear the rent arrears and bring the rent up to date as soon as possible, and moving forward, strive to maintain that position. While the tenant has avoided termination, the outcome may be different on any subsequent occasion. The landlord invites the tenant to set up a direct payment from their benefit. This would appear prudent. Costs
As the landlord has been successful with their application, I order reimbursement of the filing fee. Name suppression
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
Assessed globally, I consider that both parties have been substantially successful, and both are entitled to name suppression. The landlord does not seek suppression. The tenant seeks and is granted name suppression.

Claims and awards in Tenancy Tribunal application 4914874. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 28 July 2024	$1,250.00		4. The evidence establishes that the tenant has breached their obligations by failing to remedy a 14-day notice for rent arrears issued on 13 June
Filing fee reimbursement	$20.44		Filing fee reimbursement

Order

[The tenant/s] owes Property Brokers Manawatu Limited as Agent for Hartej Holdings $1,270.44 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $650.00, being $600.00 for rent and $50.00 for the debt. b. Payments will be every Monday, with the first payment on 29/07/2024 and continuing until the debt has been 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: a. The tenancy at 121 Botanical Road, Takaro, Palmerston North 4412 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

Ms Parry appeared for the landlord. The [ Tenant] appeared. Both appeared by telephone.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond, and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination. The landlord has indicated they are open to a conditional termination order being made.
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. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986 (The “Act”).
The evidence establishes that the tenant has breached their obligations by failing to remedy a 14-day notice for rent arrears issued on 13 June 2024.
Determining whether it would be inequitable to refuse termination, the Tribunal may consider a number of factors set out in the District Court in Vincent Dean Huff v City Central Property Management Limited [2020] NZDC 19229, which stated at [61]: [61] Factors which are relevant to whether it would be inequitable to refuse to terminate this tenancy include: i. The history of the tenancy. ii. Whether there has been a persistent failure after repeated warnings. iii. Whether the history of breaches was such that it was unlikely the tenant would comply with their obligations in the future. iv. Whether the breach was inadvertent or deliberately committed. v. The conduct of the landlord. vi. The gravity of the breach. vii. Whether termination is a proportionate response to the breach.
The tenancy commenced on 19 December 2022. This is the first 14-day breach notice issued for rent arrears. The notice was partially remedied. The up to date rent summary shows that as of today, the rent is over one week in arrears. Analysis of the summary also shows that the tenant has been at times in a credit before falling into arrears, which have remained consistently one or just over one week since around May 2024. The tenant is a single mother of three young children under the age of nine. The tenant indicates that finances are tight. The tenant states that they have appointment with Ministry of Social Development tomorrow and hope to plead their case for additional assistance. This would appear to be a good investment of the tenant’s time and effort.
While I am satisfied that it would be inequitable to refuse to terminate the tenancy, I am also satisfied that it is appropriate to make a conditional termination order, as having heard the evidence, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) of the Act.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
I have suggested the tenant endeavour to clear the rent arrears and bring the rent up to date as soon as possible, and moving forward, strive to maintain that position. While the tenant has avoided termination, the outcome may be different on any subsequent occasion. The landlord invites the tenant to set up a direct payment from their benefit. This would appear prudent. Costs
As the landlord has been successful with their application, I order reimbursement of the filing fee. Name suppression
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
Assessed globally, I consider that both parties have been substantially successful, and both are entitled to name suppression. The landlord does not seek suppression. The tenant seeks and is granted name suppression.

Tenancy Tribunal case 4914874 — Rent arrears at 121 Botanical Road, Takaro, Palmerston North 4412

At a glance

Tenancy Tribunal case 4914874 — Rent arrears at 121 Botanical Road, Takaro, Palmerston North 4412

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions