What was the outcome of Tenancy Tribunal case 4941996?

The tribunal order states: Shakira Manunui-Percy must pay Property Brokers Limited $89.86 immediately,

How much money was awarded in case 4941996?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $62.86 awarded to landlord

What type of tenancy dispute was case 4941996?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4941996?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10796399-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4941996?

The tribunal order states: Shakira Manunui-Percy must pay Property Brokers Limited $89.86 immediately,

How much money was awarded in case 4941996?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $62.86 awarded to landlord

What type of tenancy dispute was case 4941996?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4941996?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10796399-Tenancy_Tribunal_Order.pdf.

102 Kelly Street, Inglewood, Inglewood 4330 Tenancy Tribunal Case 4941996 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4941996. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$62.86		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Both parties attended the hearing by phone.

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

How much does the tenant owe?

The landlord gave evidence that, following a payment made by the tenant overnight, the outstanding arrears is $62.86. The tenant accepted that was the total rent arrears owing.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case I find the landlord’s agent had served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

However, the landlord did not wish to immediately terminate the tenancy. The landlord instead sought some assurance from the tenant that they would not fall back into arrears, and/or the landlord sought a conditional termination order to provide for final termination if the tenant fell into arrears again.

While the grounds are established under s55(1)(aa) for final termination of the tenancy, the grounds for a conditional order as sought have not been established under s55(1A). That is because s55(1A) only permits a conditional termination order as an alternative to a final termination under s55(1)(a) which requires that the tenant be at least 21 days in arrear at the date of filing the application. At the date of this application, the tenant was in arrears totalling $1,077.14, or just less than 14 days. At the date of the hearing, the tenant has reduced those arrears to $62.86.

As explained during the hearing, while there are not currently grounds to issue a conditional termination order, the tenant is reminded of her obligations to keep her rent payments up to date. The landlord had instructed the landlord’s agent that they did not want to terminate the tenancy immediately, however, they are not in a position to carry the arrears which the tenant has fallen into on numerous occasions. Re-imbursement of filing fee

Given Property Brokers Limited has succeeded with the claim the tenant must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4941996. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$62.86		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Both parties attended the hearing by phone.

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

How much does the tenant owe?

The landlord gave evidence that, following a payment made by the tenant overnight, the outstanding arrears is $62.86. The tenant accepted that was the total rent arrears owing.

Should the tenancy be terminated?

Given Property Brokers Limited has succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 4941996 — Rent arrears at 102 Kelly Street, Inglewood, Inglewood 4330

At a glance

Tenancy Tribunal case 4941996 — Rent arrears at 102 Kelly Street, Inglewood, Inglewood 4330

At a glance

Claims & awards

Order

Reasons

How much does the tenant owe?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much does the tenant owe?

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions