What was the outcome of Tenancy Tribunal case 4931335?

The tribunal order states: Siobhan Steedman owes Barfoot & Thompson Property Limited As Agent For

How much money was awarded in case 4931335?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $800.00 awarded to landlord; Water Rates: $122.90 awarded to landlord

What type of tenancy dispute was case 4931335?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4931335?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10673091-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4931335?

The tribunal order states: Siobhan Steedman owes Barfoot & Thompson Property Limited As Agent For

How much money was awarded in case 4931335?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $800.00 awarded to landlord; Water Rates: $122.90 awarded to landlord

What type of tenancy dispute was case 4931335?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4931335?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10673091-Tenancy_Tribunal_Order.pdf.

51 Lothian Brae, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 4931335 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4931335 — net $949.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$800.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$122.90	Water rates
Net award	$949.90
Total payable by Tenant to Landlord	$949.90

Siobhan Steedman owes Barfoot & Thompson Property Limited As Agent For Daisy Yong $949.90 (“the debt”), per the table below:

Siobhan Steedman must pay rent and the debt as follows: a. By a payment of $800.00, being for rent, on Tuesday 6 August 2024. b. By a payment of $850.00, being $800.00 for rent and $50.00 for the debt, on Tuesday 13 August 2024 c. By a payment of $850.00, being $800.00 for rent and $50.00 for the debt, on Tuesday 20 August 2024 d. By a payment of $850.00, being $800.00 for rent and $50.00 for the debt, on Tuesday 27 August 2024 e. By a payment of $1143.90, being $342.00 for rent and $799.90 to clear the debt balance, on Friday 30 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 51 Lothian Brae, Wattle Downs, Auckland 2103 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.

Unless ended earlier by mutual agreement or by termination due to any tenant failure to make the payments in 2., the tenancy ends and possession returns to the landlord at 23:59pm Sunday 1 September 2024.

Reasons

Both parties attended the hearing, conducted via video/teleconference.

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

Should the tenancy be ended?

The landlord served a 14-day notice to remedy rent arrears on 19 June 2024. This was not remedied until after the 14-day period. In itself, the late payment would be unlikely to justify termination. However, the tenant has struggled throughout this tenancy to pay rent and significant rent arrears have accrued before. Previous applications to the Tribunal regarding this have been made.

A healthy discussion ensued during the hearing and while termination is justified, this order has been structured to allow the tenant time to find a more appropriate home. The landlord is rightly concerned (based on history and not a lack of tenant commitment) that future rent may not be paid.

Should a conditional termination order be 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.

I have granted a conditional termination to balance the desire for the tenant to have time to re-establish herself against the concern of the landlord that future rent may not be paid. This balancing addresses the respective merits and justice in this matter as required by s 85 Residential Tenancies Act 1986 and as enabled by section 78(3).

The conditional termination order lapses at the end of the tenancy on 1 September 2024. 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.

Because Barfoot & Thompson Property Limited As Agent For Daisy Yong has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4931335 — net $949.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$800.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$122.90	Water rates
Net award	$949.90
Total payable by Tenant to Landlord	$949.90

Order

Siobhan Steedman owes Barfoot & Thompson Property Limited As Agent For Daisy Yong $949.90 (“the debt”), per the table below:
Siobhan Steedman must pay rent and the debt as follows: a. By a payment of $800.00, being for rent, on Tuesday 6 August 2024. b. By a payment of $850.00, being $800.00 for rent and $50.00 for the debt, on Tuesday 13 August 2024 c. By a payment of $850.00, being $800.00 for rent and $50.00 for the debt, on Tuesday 20 August 2024 d. By a payment of $850.00, being $800.00 for rent and $50.00 for the debt, on Tuesday 27 August 2024 e. By a payment of $1143.90, being $342.00 for rent and $799.90 to clear the debt balance, on Friday 30 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 51 Lothian Brae, Wattle Downs, Auckland 2103 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.
Unless ended earlier by mutual agreement or by termination due to any tenant failure to make the payments in 2., the tenancy ends and possession returns to the landlord at 23:59pm Sunday 1 September 2024.

Reasons

Both parties attended the hearing, conducted via video/teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Should the tenancy be ended?

The landlord served a 14-day notice to remedy rent arrears on 19 June 2024. This was not remedied until after the 14-day period. In itself, the late payment would be unlikely to justify termination. However, the tenant has struggled throughout this tenancy to pay rent and significant rent arrears have accrued before. Previous applications to the Tribunal regarding this have been made.
A healthy discussion ensued during the hearing and while termination is justified, this order has been structured to allow the tenant time to find a more appropriate home. The landlord is rightly concerned (based on history and not a lack of tenant commitment) that future rent may not be paid.

Should a conditional termination order be 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.
I have granted a conditional termination to balance the desire for the tenant to have time to re-establish herself against the concern of the landlord that future rent may not be paid. This balancing addresses the respective merits and justice in this matter as required by s 85 Residential Tenancies Act 1986 and as enabled by section 78(3).
The conditional termination order lapses at the end of the tenancy on 1 September 2024. 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.
Because Barfoot & Thompson Property Limited As Agent For Daisy Yong has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4931335 — Rent arrears at 51 Lothian Brae, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 4931335 — Rent arrears at 51 Lothian Brae, Wattle Downs, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be ended?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be ended?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions