What was the outcome of Tenancy Tribunal case 4933913?

The tribunal order states: Annaleah Fitzgerald and Dominique Sluce must pay Rentals.Co.Nz Limited

How much money was awarded in case 4933913?

Rent Arrears: $127.00 awarded to landlord

What type of tenancy dispute was case 4933913?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4933913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10875372-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4933913?

The tribunal order states: Annaleah Fitzgerald and Dominique Sluce must pay Rentals.Co.Nz Limited

How much money was awarded in case 4933913?

Rent Arrears: $127.00 awarded to landlord

What type of tenancy dispute was case 4933913?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4933913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10875372-Tenancy_Tribunal_Order.pdf.

11 Ewen Street, Ngunguru, RD 3, Whangarei 0173 Tenancy Tribunal Case 4933913 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4933913. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$127.00		Rent arrears

The landlord’s agent attended the hearing. Attempts were made to contact the tenants by phone however both mobile numbers for Annaleah Fitzgerald and Dominique Sluce went to voicemail.

The landlord has applied for rent arrears and a conditional termination of the tenancy. The landlord relies on a notice issued 24 June 2024 for breach of the tenant’s obligations (not paying rent).

Should the tenancy be terminated?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

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. See section 56(1) Residential Tenancies Act 1986.

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.

The tenants have breached their obligations by failing to pay the full rent as due. On 24 June 2024, the landlord served a 14-day notice on the tenants and the tenants did not fully remedy the breach within the required period. At the date the notice was issued, rent arrears totalled $390.00. At the end of the 14 day period, rent arrears totalled $970.00.

However, as at today’s date, rent arrears total $127.00.

Given the amount owed in rent arrears has significantly reduced, I do not think it would be inequitable to refuse to terminate the tenancy. While the tenants did not attend the hearing, Ms Fitzgerald sent an email to the registry shortly before indicating she would be able to pay the arrears off at $60 per week. This is essentially a “last chance” for the tenants to pay the arrears completely.

If the landlord is required to make another application for rent arrears, it is likely the tenancy will be terminated, regardless of how low the arrears figure is at that time.

The landlord had sought a conditional termination order. A conditional order is only available under s55(1A) of the Act, as an alternative to a final termination order under s55(1)(a). In this case, no application had been made under s55(1)(a) as the rent arrears did not exceed 21 days. Accordingly, the Tribunal can not order a conditional termination order in this case.

During the hearing, I indicated to the landlord’s agent that I intended to adjourn the matter for the third tenant listed on the tenancy agreement to be served. I noted the rent arrears began to accrue before the third tenant left the tenancy on 20 July 2024.

However, on review, I note that the Change of Tenant variation signed 9 July 2024 recorded that the third tenant ceased to be responsible to the landlord for the obligations imposed under the Residential Tenancies Act 1986 from 20 July 2024.

Under the Change of Tenant variation, the two named tenants in this application agreed to assume the third tenant’s obligations and the third tenant therefore does not need to be served with this application.

Reasons

Claims and awards in Tenancy Tribunal application 4933913. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$127.00		Rent arrears

The landlord’s agent attended the hearing. Attempts were made to contact the tenants by phone however both mobile numbers for Annaleah Fitzgerald and Dominique Sluce went to voicemail.

The landlord has applied for rent arrears and a conditional termination of the tenancy. The landlord relies on a notice issued 24 June 2024 for breach of the tenant’s obligations (not paying rent).

Should the tenancy be terminated?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

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. See section 56(1) Residential Tenancies Act 1986.

However, as at today’s date, rent arrears total $127.00.

If the landlord is required to make another application for rent arrears, it is likely the tenancy will be terminated, regardless of how low the arrears figure is at that time.

Tenancy Tribunal case 4933913 — Rent arrears at 11 Ewen Street, Ngunguru, RD 3, Whangarei 0173

At a glance

Tenancy Tribunal case 4933913 — Rent arrears at 11 Ewen Street, Ngunguru, RD 3, Whangarei 0173

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions