What was the outcome of Tenancy Tribunal case 4949534?

The tribunal order states: Everly Jan Whaeakore Henry and Clifford Bob Hotureni Maaka owes A1

How much money was awarded in case 4949534?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,950.00 awarded to landlord

What type of tenancy dispute was case 4949534?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4949534?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10785014-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4949534?

The tribunal order states: Everly Jan Whaeakore Henry and Clifford Bob Hotureni Maaka owes A1

How much money was awarded in case 4949534?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,950.00 awarded to landlord

What type of tenancy dispute was case 4949534?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4949534?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10785014-Tenancy_Tribunal_Order.pdf.

139A Fitzgerald Avenue, Christchurch Central, Christchurch Tenancy Tribunal Case 4949534 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4949534 — net $1,977.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 September 2024	$1,950.00	Rent arrears to 3 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,977.00
Total payable by Tenant to Landlord	$1,977.00

Everly Jan Whaeakore Henry and Clifford Bob Hotureni Maaka owes A1 Property Managers Limited - As Agent For Zoe Moore $1,977.00 (“the debt”) as detailed in the table below.

Everly Jan Whaeakore Henry and Clifford Bob Hotureni Maaka must pay rent and the debt as follows: a. By 1 weekly payment of $390.00 for rent to be paid by Thursday, 5 September 2024. b. A final payment of $2,367.00, being $390.00 for rent and $1,977.00 for the debt, to be paid by Wednesday, 11 September 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 139A Fitzgerald Avenue, Christchurch Central, Christchurch 8011 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.

Reasons

The landlord attended the hearing. For the tenant, Everly Henry attended the hearing. Clifford Maaka did not.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and reimbursement of the filing fee.

Should a conditional termination order be made?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must make either a final or conditional termination order. See sections 55(1)(a), 55(1A) and 56(2) Residential Tenancies Act 1986.

At the date of the hearing on 3 September 2024, rent was in arrears of $1,950.00 (34 days). The rent summary provided by the landlord recorded the rent arrears as being $2,145.00 however, the landlord advised the Tribunal that the tenant had made a payment of $195.00 overnight.

Ms Henry advised the Tribunal that she and Mr Maaka both receive a sickness benefit. Mr Maaka has a redirection in place of $195.00 from his benefit for rent. Ms Henry advised the Tribunal that she has experienced difficulties trying to establish a similar redirection for herself with Work and Income New Zealand (WINZ). Ms Henry advised the Tribunal that she has recently been assigned a case manager with WINZ and has a phone appointment with them this afternoon. The purpose of this appointment is to seek assistance to pay the arrears in full and organise a redirection of $195.00 for rent from her benefit.

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.

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

Because A1 Property Managers Limited - As Agent For Zoe Moore has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4949534 — net $1,977.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 September 2024	$1,950.00	Rent arrears to 3 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,977.00
Total payable by Tenant to Landlord	$1,977.00

Everly Jan Whaeakore Henry and Clifford Bob Hotureni Maaka owes A1 Property Managers Limited - As Agent For Zoe Moore $1,977.00 (“the debt”) as detailed in the table below.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. For the tenant, Everly Henry attended the hearing. Clifford Maaka did not.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and reimbursement of the filing fee.

Should a conditional termination order be made?

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

Because A1 Property Managers Limited - As Agent For Zoe Moore has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4949534 — Rent arrears at 139A Fitzgerald Avenue, Christchurch Central, Christchurch

At a glance

Tenancy Tribunal case 4949534 — Rent arrears at 139A Fitzgerald Avenue, Christchurch Central, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

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 a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions