What was Tenancy Tribunal case 4925073 about?

The tribunal order states: [The tenant/s] owes Hotchkiss Limited $4,620.44 (“the debt”), calculated as

How much money was awarded in case 4925073?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,600.00 awarded to landlord

What type of tenancy dispute was case 4925073?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4925073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10672975-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4925073 about?

The tribunal order states: [The tenant/s] owes Hotchkiss Limited $4,620.44 (“the debt”), calculated as

How much money was awarded in case 4925073?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $4,600.00 awarded to landlord

What type of tenancy dispute was case 4925073?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4925073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10672975-Tribunal_Order_Redacted.pdf.

25 Te Rangitautahanga Road, Turangi, Turangi 3334 Tenancy Tribunal Case 4925073 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4925073 — net $4,620.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.8.2024	$4,600.00	Rent arrears to 5.8.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,620.44
Total payable by Tenant to Landlord	$4,620.44

[The tenant/s] owes Hotchkiss Limited $4,620.44 (“the debt”), calculated as shown in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $1,020.00, being $460.00 for rent and $560.00 for the debt. b. Payments will be every Tuesday, with the first payment starting on 13/08/2024 and will continue until the debt is repaid 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 25 Te Rangitautahanga Road, Turangi, Turangi 3334 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

Mr Knoloch, representing the landlord, and [The tenant/s] both attended the teleconference 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.

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. Filing fee

Because Hotchkiss Limited has been successful with the claim I must reimburse the filing fee. Suppression

The landlord did not request name suppression. The tenant requested name suppression.

Section 95A(4) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties an 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.

The tenant explained that, due to other circumstances, her benefit had been halved and her rent then went unpaid by WINZ, without her knowledge. As such, the rent arrears were incurred. She said she has now sorted out the situation and WINZ will be directly paying rent to the landlord now and will assist with the debt. The tenant said she is the caregiver for her elderly mother. The tenancy will be ongoing so the parties will continue to have a relationship, for now. Given the circumstances and based on the evidence, I find the tenant’s interests in not having her name published outweigh the public interest in doing so. Therefore, I order that the tenant’s name and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4925073 — net $4,620.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.8.2024	$4,600.00	Rent arrears to 5.8.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,620.44
Total payable by Tenant to Landlord	$4,620.44

Order

[The tenant/s] owes Hotchkiss Limited $4,620.44 (“the debt”), calculated as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $1,020.00, being $460.00 for rent and $560.00 for the debt. b. Payments will be every Tuesday, with the first payment starting on 13/08/2024 and will continue until the debt is repaid 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 25 Te Rangitautahanga Road, Turangi, Turangi 3334 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

Mr Knoloch, representing the landlord, and [The tenant/s] both attended the teleconference 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.
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. Filing fee
Because Hotchkiss Limited has been successful with the claim I must reimburse the filing fee. Suppression
The landlord did not request name suppression. The tenant requested name suppression.
Section 95A(4) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties an 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.
The tenant explained that, due to other circumstances, her benefit had been halved and her rent then went unpaid by WINZ, without her knowledge. As such, the rent arrears were incurred. She said she has now sorted out the situation and WINZ will be directly paying rent to the landlord now and will assist with the debt. The tenant said she is the caregiver for her elderly mother. The tenancy will be ongoing so the parties will continue to have a relationship, for now. Given the circumstances and based on the evidence, I find the tenant’s interests in not having her name published outweigh the public interest in doing so. Therefore, I order that the tenant’s name and identifying details are not to be published.

Tenancy Tribunal case 4925073 — Rent arrears at 25 Te Rangitautahanga Road, Turangi, Turangi 3334

At a glance

Tenancy Tribunal case 4925073 — Rent arrears at 25 Te Rangitautahanga Road, Turangi, Turangi 3334

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