What was Tenancy Tribunal case 4925814 about?

The tribunal order states: Belinda Leigh Noyes owes [The landlord/s] $5,910.44 (“the debt”) as detailed in

How much money was awarded in case 4925814?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,890.00 awarded to landlord; Rent In Advance For 01/08/24 – 07/08…: $750.00 awarded to landlord

What type of tenancy dispute was case 4925814?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4925814?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10632450-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4925814 about?

The tribunal order states: Belinda Leigh Noyes owes [The landlord/s] $5,910.44 (“the debt”) as detailed in

How much money was awarded in case 4925814?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,890.00 awarded to landlord; Rent In Advance For 01/08/24 – 07/08…: $750.00 awarded to landlord

What type of tenancy dispute was case 4925814?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4925814?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10632450-Tribunal_Order_Redacted.pdf.

3 Rongomai Street, Helensville, Helensville 0800 Tenancy Tribunal Case 4925814 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4925814 — net $6,660.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in advance for 01/08/24 – 07/08/2024	$750.00	Rent in advance for 01/08/24 – 07/08/2024
Rent arrears to 1 August 2024	$5,890.00	Rent arrears to 1 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,660.44
Total payable by Tenant to Landlord	$6,660.44

Belinda Leigh Noyes owes [The landlord/s] $5,910.44 (“the debt”) as detailed in the table below.

Belinda Leigh Noyes must pay rent and the debt as follows: a. By 1 weekly payment of $6,660.44, being $750.00 for rent and $5,910.44 for the debt on Thursday, 1 August 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 3 Rongomai Street, Helensville, Helensville 0800 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.

Belinda Leigh Noyes must pay [The landlord/s] $6,660.44 by Thursday, 1 August 2024.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. 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.

The application was filed on 26 June 2024. Rent was in arrears of $4,140.00 (38 days) on this date.

The tenant is a solo-mother who works as a cleaner and receives a benefit. From the tenant’s benefit, $500.00 is redirected to pay the rent. The tenant is supposed to top this payment up by $250.00 per week from their work earnings. The tenant accepts that they have not consistently done this and have fallen into arrears as a result. The tenant advised the Tribunal that they intend to organise a full redirection of their benefit to cover the rent moving forward. The amount received from the tenant’s benefit is sufficient to allow for a full redirection of the rent. The tenant also advised the Tribunal that they have approached Work and Income New Zealand (WINZ) for assistance with payment of the arrears in full.

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.

The landlord provided a rent summary up to 24 July 2024. Rent arrears were $5,140.00 on this date. A payment of $750.00 for rent covering the period from 25/07/2024 – 31/07/2024 was due to be paid by the tenant on 25 July 2024 and has not been paid.

The Tribunal has decided to allow the tenant until 1 August 2024 to pay the arrears and rent due that week. Therefore, the Tribunal has calculated the arrears up to 1 August 2024, which is $5,890.00. 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 4925814 — net $6,660.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in advance for 01/08/24 – 07/08/2024	$750.00	Rent in advance for 01/08/24 – 07/08/2024
Rent arrears to 1 August 2024	$5,890.00	Rent arrears to 1 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,660.44
Total payable by Tenant to Landlord	$6,660.44

Order

Belinda Leigh Noyes owes [The landlord/s] $5,910.44 (“the debt”) as detailed in the table below.
Belinda Leigh Noyes must pay rent and the debt as follows: a. By 1 weekly payment of $6,660.44, being $750.00 for rent and $5,910.44 for the debt on Thursday, 1 August 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 3 Rongomai Street, Helensville, Helensville 0800 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.
Belinda Leigh Noyes must pay [The landlord/s] $6,660.44 by Thursday, 1 August 2024.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee. 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.
The application was filed on 26 June 2024. Rent was in arrears of $4,140.00 (38 days) on this date.
The tenant is a solo-mother who works as a cleaner and receives a benefit. From the tenant’s benefit, $500.00 is redirected to pay the rent. The tenant is supposed to top this payment up by $250.00 per week from their work earnings. The tenant accepts that they have not consistently done this and have fallen into arrears as a result. The tenant advised the Tribunal that they intend to organise a full redirection of their benefit to cover the rent moving forward. The amount received from the tenant’s benefit is sufficient to allow for a full redirection of the rent. The tenant also advised the Tribunal that they have approached Work and Income New Zealand (WINZ) for assistance with payment of the arrears in full.
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.
The landlord provided a rent summary up to 24 July 2024. Rent arrears were $5,140.00 on this date. A payment of $750.00 for rent covering the period from 25/07/2024 – 31/07/2024 was due to be paid by the tenant on 25 July 2024 and has not been paid.
The Tribunal has decided to allow the tenant until 1 August 2024 to pay the arrears and rent due that week. Therefore, the Tribunal has calculated the arrears up to 1 August 2024, which is $5,890.00. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4925814 — Rent arrears at 3 Rongomai Street, Helensville, Helensville 0800

At a glance

Tenancy Tribunal case 4925814 — Rent arrears at 3 Rongomai Street, Helensville, Helensville 0800

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