What was Tenancy Tribunal case 4960194 about?

The tribunal order states: The tenancy of Laura Pierce at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4960194?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,120.00 awarded to landlord

What type of tenancy dispute was case 4960194?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4960194?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10754159-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4960194 about?

The tribunal order states: The tenancy of Laura Pierce at [Tenancy address suppressed] is terminated, and

How much money was awarded in case 4960194?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,120.00 awarded to landlord

What type of tenancy dispute was case 4960194?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4960194?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10754159-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4960194 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4960194 — net $2,147.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Wednesday 28 August 2024	$2,120.00	Rent arrears to Wednesday 28 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,147.00
Total payable by Tenant to Landlord	$2,147.00

The landlord appeared. There was no appearance by the tenant.

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

The tenancy commenced on 04 July 2024 and is periodic. On 02 August 2024, the landlord filed a claim for termination of the tenancy under both section 55(1)(a) and section 56(1) of the Residential Tenancies Act (The “Act”).

Under section 55(1)(a) of the Act the Tribunal must terminate the tenancy if, at the time the application was filed, the rent was at least 21 days in arrears. This is subject to section 55(2) of the Act, which provides that termination may be refused if the breach has been remedied, the rent arears have been remedied, and the Tribunal is satisfied that the tenant will not fall into rent arrears again.

Under section 56(1), the Tribunal may terminate the tenancy if the tenant has failed to remedy a breach notice and it would be inequitable to refuse to do so.

Under section 56(2) of the Act, where a landlord has issued a breach notice and at the time of the hearing the rent is at least 21 days in arrears, the Tribunal must treat the application as if it had been made under section 55(1)(a) and terminate the tenancy. Only one of these provisions need apply.

The rent summary produced by the landlord shows that no rent was paid until 19 August 2024, on which date the landlord state they received a lump sum payment from WINZ for $2,120.00. Although the payment does not specify whether it was intended to cover the bond, and rent, the landlord states they have allocated $1,060.00, equivalent to two weeks rent, to the bond, which was previously unpaid. The remaining $1,060.00 has been applied the rent. However, the landlord has not yet lodged the bond and are awaiting the Tribunal direction.

In this case am satisfied was at least 21 days in arrears on the date the application was filed on 02 August 2024. Even attributing the entire lump sum payment of $2,120.00 to the rent the arrears, which I am doing, the arrears have still not been cleared and, as of today’s hearing date, remain more than three weeks overdue.

The tenancy is terminated, and possession granted to the landlord at midnight on Wednesday 28 August 2024.

The landlord provided rent records which prove the amount owing at the end of the tenancy on Wednesday 28 August 2024.

All funds received from the tenant should be allocated to the rent arrears. The amount ordered payable is the balancing owing. Costs

Because [The applicant/s] has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression

Under section 95A of the Act, a party that is wholly or substantially successful may have name suppression unless there are good reasons against it. The landlord seeks name suppression. As they have been wholly successful, the landlord is granted name suppression.

Claims and awards in Tenancy Tribunal application 4960194 — net $2,147.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Wednesday 28 August 2024	$2,120.00	Rent arrears to Wednesday 28 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,147.00
Total payable by Tenant to Landlord	$2,147.00

Order

The tenancy of Laura Pierce at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at midnight on Wednesday 28 August 2024
Laura Pierce must pay [The landlord/s] $2,147.00 immediately, calculated as shown in the table below:

Reasons

The landlord appeared. There was no appearance by the tenant.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
The tenancy commenced on 04 July 2024 and is periodic. On 02 August 2024, the landlord filed a claim for termination of the tenancy under both section 55(1)(a) and section 56(1) of the Residential Tenancies Act (The “Act”).
Under section 55(1)(a) of the Act the Tribunal must terminate the tenancy if, at the time the application was filed, the rent was at least 21 days in arrears. This is subject to section 55(2) of the Act, which provides that termination may be refused if the breach has been remedied, the rent arears have been remedied, and the Tribunal is satisfied that the tenant will not fall into rent arrears again.
Under section 56(1), the Tribunal may terminate the tenancy if the tenant has failed to remedy a breach notice and it would be inequitable to refuse to do so.
Under section 56(2) of the Act, where a landlord has issued a breach notice and at the time of the hearing the rent is at least 21 days in arrears, the Tribunal must treat the application as if it had been made under section 55(1)(a) and terminate the tenancy. Only one of these provisions need apply.
The rent summary produced by the landlord shows that no rent was paid until 19 August 2024, on which date the landlord state they received a lump sum payment from WINZ for $2,120.00. Although the payment does not specify whether it was intended to cover the bond, and rent, the landlord states they have allocated $1,060.00, equivalent to two weeks rent, to the bond, which was previously unpaid. The remaining $1,060.00 has been applied the rent. However, the landlord has not yet lodged the bond and are awaiting the Tribunal direction.
In this case am satisfied was at least 21 days in arrears on the date the application was filed on 02 August 2024. Even attributing the entire lump sum payment of $2,120.00 to the rent the arrears, which I am doing, the arrears have still not been cleared and, as of today’s hearing date, remain more than three weeks overdue.
The tenancy is terminated, and possession granted to the landlord at midnight on Wednesday 28 August 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy on Wednesday 28 August 2024.
All funds received from the tenant should be allocated to the rent arrears. The amount ordered payable is the balancing owing. Costs
Because [The applicant/s] has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression
Under section 95A of the Act, a party that is wholly or substantially successful may have name suppression unless there are good reasons against it. The landlord seeks name suppression. As they have been wholly successful, the landlord is granted name suppression.

Tenancy Tribunal case 4960194 — Rent arrears

At a glance

Tenancy Tribunal case 4960194 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions