What was Tenancy Tribunal case 4954513 about?

The tribunal order states: Damien Jacob Noue owes [The landlord/s] $493.00 (“the debt”), as calculated in

How much money was awarded in case 4954513?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $466.00 awarded to landlord

What type of tenancy dispute was case 4954513?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4954513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10906561-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4954513 about?

The tribunal order states: Damien Jacob Noue owes [The landlord/s] $493.00 (“the debt”), as calculated in

How much money was awarded in case 4954513?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $466.00 awarded to landlord

What type of tenancy dispute was case 4954513?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4954513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10906561-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4954513 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4954513. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 28/7/24	$466.00		Rent arrears to 28/7/24
Filing fee reimbursement	$27.00		Filing fee reimbursement

Damien Jacob Noue owes [The landlord/s] $493.00 (“the debt”), as calculated in the table below:

Damien Jacob Noue must pay rent and the debt as follows: a. By weekly payments of $600.00, being $550.00 for rent and $50.00 for the debt. b. Payments will be every Monday, with the first payment on 14/10/2024 and continuing until .

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 [Tenancy address suppressed] 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 tenant did not join the video meeting and when he was telephoned on the phone number provided the call was not answered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.

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

The landlord assumes the tenant wants to repay the debt to avoid immediate termination.

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.

The tenant breached their obligations by failing to pay rent as and when it was due and payable.

On 18 July 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period.

It would be inequitable to refuse to terminate the tenancy as: a. the rent has been in arrears for since 3 June 2024, b. failing to pay rent is a serious breach of the tenant’s obligations, c. the landlord advised that they have had to take formal steps in the past for rent arrears, d. the landlord issued a further 14-day notice on 25 August 2024, e. the landlord advised that the tenant had not been responding to communication from them.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence from the landlord that the tenant has rectified rent arrears in the past, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

The landlord sought that the conditional order amount provided that $140.00 be paid in addition to rent each week however I have considered this matter further and consider $50.00 would be more realistic.

The conditional termination order will lapse if it is fully complied with. 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. Rent arrears

The landlord advised at the hearing that the rent had remained in arrears since service of the 14 day notice however did not provide an up-to-date rent statement for the hearing. I requested that the landlord email a rent statement following the hearing however this has not been received. I have therefore made an order in respect of rent arrears as at 28 July 2024 for $466.00. Filing fee

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression

The landlord sought suppression and as the application is successful, I have made an order accordingly.

Claims and awards in Tenancy Tribunal application 4954513. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 28/7/24	$466.00		Rent arrears to 28/7/24
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

Damien Jacob Noue owes [The landlord/s] $493.00 (“the debt”), as calculated in the table below:
Damien Jacob Noue must pay rent and the debt as follows: a. By weekly payments of $600.00, being $550.00 for rent and $50.00 for the debt. b. Payments will be every Monday, with the first payment on 14/10/2024 and continuing until .
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 [Tenancy address suppressed] 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 tenant did not join the video meeting and when he was telephoned on the phone number provided the call was not answered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.
The landlord assumes the tenant wants to repay the debt to avoid immediate termination.

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.
The tenant breached their obligations by failing to pay rent as and when it was due and payable.
On 18 July 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period.
It would be inequitable to refuse to terminate the tenancy as: a. the rent has been in arrears for since 3 June 2024, b. failing to pay rent is a serious breach of the tenant’s obligations, c. the landlord advised that they have had to take formal steps in the past for rent arrears, d. the landlord issued a further 14-day notice on 25 August 2024, e. the landlord advised that the tenant had not been responding to communication from them.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence from the landlord that the tenant has rectified rent arrears in the past, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The landlord sought that the conditional order amount provided that $140.00 be paid in addition to rent each week however I have considered this matter further and consider $50.00 would be more realistic.
The conditional termination order will lapse if it is fully complied with. 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. Rent arrears
The landlord advised at the hearing that the rent had remained in arrears since service of the 14 day notice however did not provide an up-to-date rent statement for the hearing. I requested that the landlord email a rent statement following the hearing however this has not been received. I have therefore made an order in respect of rent arrears as at 28 July 2024 for $466.00. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 4954513 — Rent arrears

At a glance

Tenancy Tribunal case 4954513 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions