What was Tenancy Tribunal case 4931913 about?

The tribunal order states: The tenancy of David James Charles at 987 Dairy Flat Highway, Dairy Flat, RD

How much money was awarded in case 4931913?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $28,910.44 awarded to landlord; Rent Arrears: $8,807.86 awarded to landlord

What type of tenancy dispute was case 4931913?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4931913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10599574-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4931913 about?

The tribunal order states: The tenancy of David James Charles at 987 Dairy Flat Highway, Dairy Flat, RD

How much money was awarded in case 4931913?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $28,910.44 awarded to landlord; Rent Arrears: $8,807.86 awarded to landlord

What type of tenancy dispute was case 4931913?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4931913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10599574-Tribunal_Order_Redacted.pdf.

987 Dairy Flat Highway, Dairy Flat, RD 2, Dairy Flat 0792 Tenancy Tribunal Case 4931913 — Rent arrears

Claims and awards in Tenancy Tribunal application 4931913 — net $34,345.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4512852 dated 17/04/2023 (rent arrears to 23/04/2023 and filing fee reimbursement	$28,910.44	Previous order application 4512852 dated 17/04/2023 (rent arrears to 23/04/2023 and filing fee reimbursement
Rent arrears from 24/04/2023 to 18/07/2024	$8,807.86	Rent arrears from 24/04/2023 to 18/07/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$34,345.30
Total payable by Tenant to Landlord	$34,345.30

Order

The tenancy of David James Charles at 987 Dairy Flat Highway, Dairy Flat, RD 2, Dairy Flat 0792 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Thursday, 18 July 2024.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) to the landlord immediately.
David James Charles must pay [The landlord/s] $34,345.30 immediately. This sum consists of the amount of $28,910 being the amount the parties agreed and as was recorded in a sealed Mediator’s Order (4512852), rent arrears from 24 April 2023 to 18 July 2024 of $8,807.86 and the filing fee less the bond, calculated as shown in the table below:
A hearing of 3 hours should be allowed for the hearing of the tenant’s claims (application 4940843).

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
On 17 July 2024, the tenant made an application to the Tribunal making a number of claims including that the landlord has failed to maintain the property and breached the healthy home standards. The tenant is seeking compensation / damages, exemplary damages and an extensive work order.
The landlord is entitled to have its claims heard expeditiously. The parties were advised at the hearing that the landlord’s claims would be dealt with, and a further hearing would be scheduled to deal with the tenant’s claims. Background:
The following Orders have been made in relation to this tenancy: a. On 11 October 2019, the parties agreed as recorded in a sealed Mediator’s Order (4210412 & 4213147) that the tenant was to pay the landlord $14,428.57 being rent arrears, a sum for power and application fees; b. On 30 January 2020, the Tribunal made a conditional termination order 1 that the tenant pay the sum of $14,440.44 being rent arrears to 30 January 2020, the bond and reimbursement of the filing fee. This Order set out the dates by which the payments were to be made and provided that, if the tenant failed to pay rent and rent arrears within 2 working days of the due dates, the tenancy would terminate, and the landlord would have immediate possession of the premises; and c. On 17 April 2023, the parties agreed as recorded in a sealed Mediator’s Order (4512852) that the tenant was to pay the landlord $28,910.00, being rent arrears to 23 April 2023 and reimbursement of the filing fee. This Order further set out the dates by which payments were to be made and provided that, if the tenant failed to pay rent or rent arrears within 2 working days of the due dates, the tenancy would terminate, and the landlord would have immediate possession of the premises.
The tenant has not complied with these Orders. When asked why the tenant has not been paying rent, he said it was partly for financial reasons and partly 1 McGill Solutions Limited and Cecilia Huang v David James Charles [2020] NZTT North Shore 4225412. because the landlord has failed to maintain the property. The tenant said that it (being the relationship between the tenant and the landlord) was a “two-way street”. This is correct. However, the requirement to pay rent is a fundamental obligation of the tenant. If a tenant considers a landlord is failing to comply with its obligations, then the tenant’s remedy is to apply to the Tribunal, not to simply stop making (or reduce) rent payments.

Should a conditional or a final termination order be made?

Section 55(1)(a) of the Residential Tenancies Act 1986 (“RTA”) provides that 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. The landlord provided rent records in the form of a rent ledger which prove the rent owing and that rent is significantly more than 21 days in arrears. Therefore, I must make either a final or a conditional termination order.
In its application form, the landlord had indicated it would consider a conditional termination order. In order to make a conditional termination order, I must be satisfied that the tenant will comply with the order and a further breach is unlikely. (See section 55(1A) of the RTA.)
The rent arrears are significant. At today’s hearing, the tenant said he could afford to pay the rent going forward but he did not have the money to pay the rent arrears. It is also relevant that the tenant has failed to comply with two sealed Mediator’s Orders and an Order of this Tribunal (see paragraph 4 above). I consider it is unlikely the tenant would comply with a conditional termination order. Therefore, I decline to make a conditional termination order and instead grant a final termination order. The tenant’s application:
At today’s hearing, the tenant advised that the smoke alarms on the property are not working. I do not need to explain the importance of the premises having working smoke alarms. The landlord agreed at today’s hearing that it would urgently check the smoke alarms.
The amount of time scheduled for this hearing was not enough to address the tenant’s claims. A further hearing will be set down before me to hear the tenant’s claims.
The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
The landlord has wholly succeeded with the claim. Therefore, I must reimburse the filing fee and grant the application for name suppression.

Claims and awards in Tenancy Tribunal application 4931913 — net $34,345.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4512852 dated 17/04/2023 (rent arrears to 23/04/2023 and filing fee reimbursement	$28,910.44	Previous order application 4512852 dated 17/04/2023 (rent arrears to 23/04/2023 and filing fee reimbursement
Rent arrears from 24/04/2023 to 18/07/2024	$8,807.86	Rent arrears from 24/04/2023 to 18/07/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$34,345.30
Total payable by Tenant to Landlord	$34,345.30

Order

The tenancy of David James Charles at 987 Dairy Flat Highway, Dairy Flat, RD 2, Dairy Flat 0792 is terminated, and possession is granted to [The landlord/s], at 11:59pm on Thursday, 18 July 2024.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) to the landlord immediately.
David James Charles must pay [The landlord/s] $34,345.30 immediately. This sum consists of the amount of $28,910 being the amount the parties agreed and as was recorded in a sealed Mediator’s Order (4512852), rent arrears from 24 April 2023 to 18 July 2024 of $8,807.86 and the filing fee less the bond, calculated as shown in the table below:
A hearing of 3 hours should be allowed for the hearing of the tenant’s claims (application 4940843).

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
On 17 July 2024, the tenant made an application to the Tribunal making a number of claims including that the landlord has failed to maintain the property and breached the healthy home standards. The tenant is seeking compensation / damages, exemplary damages and an extensive work order.
The landlord is entitled to have its claims heard expeditiously. The parties were advised at the hearing that the landlord’s claims would be dealt with, and a further hearing would be scheduled to deal with the tenant’s claims. Background:
The following Orders have been made in relation to this tenancy: a. On 11 October 2019, the parties agreed as recorded in a sealed Mediator’s Order (4210412 & 4213147) that the tenant was to pay the landlord $14,428.57 being rent arrears, a sum for power and application fees; b. On 30 January 2020, the Tribunal made a conditional termination order 1 that the tenant pay the sum of $14,440.44 being rent arrears to 30 January 2020, the bond and reimbursement of the filing fee. This Order set out the dates by which the payments were to be made and provided that, if the tenant failed to pay rent and rent arrears within 2 working days of the due dates, the tenancy would terminate, and the landlord would have immediate possession of the premises; and c. On 17 April 2023, the parties agreed as recorded in a sealed Mediator’s Order (4512852) that the tenant was to pay the landlord $28,910.00, being rent arrears to 23 April 2023 and reimbursement of the filing fee. This Order further set out the dates by which payments were to be made and provided that, if the tenant failed to pay rent or rent arrears within 2 working days of the due dates, the tenancy would terminate, and the landlord would have immediate possession of the premises.
The tenant has not complied with these Orders. When asked why the tenant has not been paying rent, he said it was partly for financial reasons and partly 1 McGill Solutions Limited and Cecilia Huang v David James Charles [2020] NZTT North Shore 4225412. because the landlord has failed to maintain the property. The tenant said that it (being the relationship between the tenant and the landlord) was a “two-way street”. This is correct. However, the requirement to pay rent is a fundamental obligation of the tenant. If a tenant considers a landlord is failing to comply with its obligations, then the tenant’s remedy is to apply to the Tribunal, not to simply stop making (or reduce) rent payments.

Should a conditional or a final termination order be made?

Section 55(1)(a) of the Residential Tenancies Act 1986 (“RTA”) provides that 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. The landlord provided rent records in the form of a rent ledger which prove the rent owing and that rent is significantly more than 21 days in arrears. Therefore, I must make either a final or a conditional termination order.
In its application form, the landlord had indicated it would consider a conditional termination order. In order to make a conditional termination order, I must be satisfied that the tenant will comply with the order and a further breach is unlikely. (See section 55(1A) of the RTA.)
The rent arrears are significant. At today’s hearing, the tenant said he could afford to pay the rent going forward but he did not have the money to pay the rent arrears. It is also relevant that the tenant has failed to comply with two sealed Mediator’s Orders and an Order of this Tribunal (see paragraph 4 above). I consider it is unlikely the tenant would comply with a conditional termination order. Therefore, I decline to make a conditional termination order and instead grant a final termination order. The tenant’s application:
At today’s hearing, the tenant advised that the smoke alarms on the property are not working. I do not need to explain the importance of the premises having working smoke alarms. The landlord agreed at today’s hearing that it would urgently check the smoke alarms.
The amount of time scheduled for this hearing was not enough to address the tenant’s claims. A further hearing will be set down before me to hear the tenant’s claims.
The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
The landlord has wholly succeeded with the claim. Therefore, I must reimburse the filing fee and grant the application for name suppression.

Tenancy Tribunal case 4931913 — Rent arrears at 987 Dairy Flat Highway, Dairy Flat, RD 2, Dairy Flat 0792

At a glance

Tenancy Tribunal case 4931913 — Rent arrears at 987 Dairy Flat Highway, Dairy Flat, RD 2, Dairy Flat 0792

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional or a final termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional or a final termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions