What was Tenancy Tribunal case 4959274 about?

The tribunal order states: Bailey Hailwood owes [The landlord] $547.00 (“the debt”), calculated as set out

How much money was awarded in case 4959274?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $520.00 awarded to landlord

What type of tenancy dispute was case 4959274?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4959274?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10914205-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4959274 about?

The tribunal order states: Bailey Hailwood owes [The landlord] $547.00 (“the debt”), calculated as set out

How much money was awarded in case 4959274?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $520.00 awarded to landlord

What type of tenancy dispute was case 4959274?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4959274?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10914205-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4959274 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4959274 — net $547.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 7 October 2024	$520.00	Rent arrears (to 7 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$547.00
Total payable by Tenant to Landlord	$547.00

Bailey Hailwood owes [The landlord] $547.00 (“the debt”), calculated as set out in the table below.

Bailey Hailwood must pay rent and the debt as follows: a. By 8 weekly payments of $700.00, being $640.00 for rent and $60.00 for the debt, every Friday, commencing on 4 October 2024 and ending on 29 November 2024; and b. A final payment of $647.00, being $640.00 for rent and $7.00 for the remainder of the debt to be paid on Friday, 6 December 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 [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.

The parties have agreed to move the tenant’s rent period from Tuesday to Monday to Thursday to Wednesday from 21 October 2024. On 21 October 2024, the tenant must pay [landlord’s name suppressed] $182.86 to allow the change in the tenancy period to be implement to prevent the tenant falling into further rent arrears.

If the tenant fails to pay the $182.86 within 2 working days of 21 October 2024, the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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 her obligations by failing to pay her rent in full and on time. On 19 July 2024, the landlord served a 14-day notice on the tenant in relation to the rent arrears owing, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the property manager has confirmed the property owners have a mortgage they need to pay and the ongoing rent arrears they are having to carry is putting financial strain on them. They have told the property manager that they rely on the rent to pay the mortgage and not having it paid in full and on time is not tenable for them. As such, they instructed the property manager to apply to end the tenancy and take possession back of the property.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence 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 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. Reimbursement of filing fee

Because [landlord’s name supporessed] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 4959274 — net $547.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 7 October 2024	$520.00	Rent arrears (to 7 October 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$547.00
Total payable by Tenant to Landlord	$547.00

Order

Bailey Hailwood owes [The landlord] $547.00 (“the debt”), calculated as set out in the table below.
Bailey Hailwood must pay rent and the debt as follows: a. By 8 weekly payments of $700.00, being $640.00 for rent and $60.00 for the debt, every Friday, commencing on 4 October 2024 and ending on 29 November 2024; and b. A final payment of $647.00, being $640.00 for rent and $7.00 for the remainder of the debt to be paid on Friday, 6 December 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 [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.
The parties have agreed to move the tenant’s rent period from Tuesday to Monday to Thursday to Wednesday from 21 October 2024. On 21 October 2024, the tenant must pay [landlord’s name suppressed] $182.86 to allow the change in the tenancy period to be implement to prevent the tenant falling into further rent arrears.
If the tenant fails to pay the $182.86 within 2 working days of 21 October 2024, the tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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 her obligations by failing to pay her rent in full and on time. On 19 July 2024, the landlord served a 14-day notice on the tenant in relation to the rent arrears owing, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the property manager has confirmed the property owners have a mortgage they need to pay and the ongoing rent arrears they are having to carry is putting financial strain on them. They have told the property manager that they rely on the rent to pay the mortgage and not having it paid in full and on time is not tenable for them. As such, they instructed the property manager to apply to end the tenancy and take possession back of the property.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence 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 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. Reimbursement of filing fee
Because [landlord’s name supporessed] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 4959274 — Rent arrears

At a glance

Tenancy Tribunal case 4959274 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions