What was the outcome of Tenancy Tribunal case 4917217?

The tribunal order states: The tenancy of Sarah Joan Sonntag at 3B Inverell Place, Mount Maunganui,

How much money was awarded in case 4917217?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,852.94 awarded to landlord; Water Rates: $269.04 awarded to landlord

What type of tenancy dispute was case 4917217?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4917217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10879675-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4917217?

The tribunal order states: The tenancy of Sarah Joan Sonntag at 3B Inverell Place, Mount Maunganui,

How much money was awarded in case 4917217?

Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,852.94 awarded to landlord; Water Rates: $269.04 awarded to landlord

What type of tenancy dispute was case 4917217?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4917217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10879675-Tenancy_Tribunal_Order.pdf.

3B Inverell Place, Mount Maunganui, Mount Maunganui Tenancy Tribunal Case 4917217 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4917217 — net $6,082.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 September 2024	$7,852.94	Rent arrears (to 26 September 2024
Filing fee reimbursement: - Previous Application agreed at mediation	$20.44	- Previous Application agreed at mediation
Water rates -a greed at mediation	$269.04	Water rates -a greed at mediation
Filing fee reimbursement: - This application	$20.44	- This application
Net award	$6,082.86
Total payable by Tenant to Landlord	$6,082.86

The tenancy of Sarah Joan Sonntag at 3B Inverell Place, Mount Maunganui, Mount Maunganui 3116 is terminated, and possession is granted to Barfoot & Thompson Property Limited As Agent For Bob Major & Anne Parkinson, at 5pm on Friday, 11 October 2024.

The Bond Centre is to pay the bond of $2,080.00 (3310816-012) to Barfoot & Thompson Property Limited As Agent For Bob Major & Anne Parkinson immediately.

Sarah Joan Sonntag must pay Barfoot & Thompson Property Limited As Agent For Bob Major & Anne Parkinson $6,082.86 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 26 September 2024)$7,852.94 Filing fee reimbursement: - Previous Application agreed at mediation $20.44 Water rates -a greed at mediation$269.04 Filing fee reimbursement: - This application$20.44 Total award$8,162.86 Bond$2,080.00 Total payable by Tenant to Landlord$6,082.86

Reasons

Both parties attended a hearing by video.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The parties attended a mediation on 8 August 2024 and agreed certain amounts were owed, including rent of $3,652.94 (as at that date). The filing fee and water rates are awarded as agreed at the mediation. The mediator also recorded that the parties could not agree on termination of the tenancy or repayment of the amounts owed. The application was referred to the Tribunal.

The tenant has not made any payments towards rent between the mediation in August and the hearing on 24 September 2024. She explained her personal and health circumstances which have led to this position. This is a reasonably long-standing tenancy and issues have only arisen relatively recently.

The application was submitted in June. The landlord sought termination on the basis that rent was 21 days in arrears at the date of the application, but it was not. See section 55(1)(a) Residential Tenancies Act 1986.

The Landlord also submitted a 14-day breach notice for rent arrears and 3 notices for recidivist rent arrears with the application, I have also considered termination on those grounds.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing to today, as ordered above.

Also, where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.

Because of the tenant’s health difficulties, I have not ordered immediate termination. The termination date is 5pm on Friday, 11 October 2024. Ms Sonntag is liable for rent until that date.

Claims and awards in Tenancy Tribunal application 4917217 — net $6,082.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 September 2024	$7,852.94	Rent arrears (to 26 September 2024
Filing fee reimbursement: - Previous Application agreed at mediation	$20.44	- Previous Application agreed at mediation
Water rates -a greed at mediation	$269.04	Water rates -a greed at mediation
Filing fee reimbursement: - This application	$20.44	- This application
Net award	$6,082.86
Total payable by Tenant to Landlord	$6,082.86

Order

The tenancy of Sarah Joan Sonntag at 3B Inverell Place, Mount Maunganui, Mount Maunganui 3116 is terminated, and possession is granted to Barfoot & Thompson Property Limited As Agent For Bob Major & Anne Parkinson, at 5pm on Friday, 11 October 2024.
The Bond Centre is to pay the bond of $2,080.00 (3310816-012) to Barfoot & Thompson Property Limited As Agent For Bob Major & Anne Parkinson immediately.
Sarah Joan Sonntag must pay Barfoot & Thompson Property Limited As Agent For Bob Major & Anne Parkinson $6,082.86 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 26 September 2024)$7,852.94 Filing fee reimbursement: - Previous Application agreed at mediation $20.44 Water rates -a greed at mediation$269.04 Filing fee reimbursement: - This application$20.44 Total award$8,162.86 Bond$2,080.00 Total payable by Tenant to Landlord$6,082.86

Reasons

Both parties attended a hearing by video.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The parties attended a mediation on 8 August 2024 and agreed certain amounts were owed, including rent of $3,652.94 (as at that date). The filing fee and water rates are awarded as agreed at the mediation. The mediator also recorded that the parties could not agree on termination of the tenancy or repayment of the amounts owed. The application was referred to the Tribunal.
The tenant has not made any payments towards rent between the mediation in August and the hearing on 24 September 2024. She explained her personal and health circumstances which have led to this position. This is a reasonably long-standing tenancy and issues have only arisen relatively recently.
The application was submitted in June. The landlord sought termination on the basis that rent was 21 days in arrears at the date of the application, but it was not. See section 55(1)(a) Residential Tenancies Act 1986.
The Landlord also submitted a 14-day breach notice for rent arrears and 3 notices for recidivist rent arrears with the application, I have also considered termination on those grounds.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing to today, as ordered above.
Also, where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986. Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
Because of the tenant’s health difficulties, I have not ordered immediate termination. The termination date is 5pm on Friday, 11 October 2024. Ms Sonntag is liable for rent until that date.

Tenancy Tribunal case 4917217 — Rent arrears at 3B Inverell Place, Mount Maunganui, Mount Maunganui

At a glance

Tenancy Tribunal case 4917217 — Rent arrears at 3B Inverell Place, Mount Maunganui, Mount Maunganui

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions