What was the outcome of Tenancy Tribunal case 4960475?

The tribunal order states: Patu Shortland owes Oxygen.Co.Nz Limited As Agent For United Group Ltd

How much money was awarded in case 4960475?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,155.00 awarded to landlord

What type of tenancy dispute was case 4960475?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4960475?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10787879-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4960475?

The tribunal order states: Patu Shortland owes Oxygen.Co.Nz Limited As Agent For United Group Ltd

How much money was awarded in case 4960475?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,155.00 awarded to landlord

What type of tenancy dispute was case 4960475?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4960475?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10787879-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 1341 High Street, Taita, Lower Hutt 5011 Tenancy Tribunal Case 4960475 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4960475 — net $3,182.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 September 2024	$3,155.00	Rent arrears to 5 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,182.00
Total payable by Tenant to Landlord	$3,182.00

Patu Shortland owes Oxygen.Co.Nz Limited As Agent For United Group Ltd $3,182.00 (“the debt”) as detailed in the table below.

Patu Shortland must pay rent and the debt as follows: a. By 42 weekly payments of $465.00, being $390.00 for rent and $75.00 for the debt. b. A final payment of $422.00, being $390.00 for rent and $32.00 for the debt. c. Payments will be every Friday, with the first payment on 06/09/2024 and continuing until 27/06/2025.

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 Unit/Flat 6, 1341 High Street, Taita, Lower Hutt 5011 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

Both parties attended the hearing.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and reimbursement of the filing fee. The tenant wants to repay the arrears to avoid immediate termination.

Should there be a conditional termination order?

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 arrears totalled $2,985.71 (53 days).

The tenancy began on 3 November 2023. Up until 5 July 2024, the tenant largely paid their on time. Since this date, the tenant has fallen into arrears. The tenant advised the Tribunal that he needed to buy a ticket for his son and granddaughter to return home to New Zealand from Australia at short notice. This was why he had not paid his rent recently. The tenant is in full-time employment as a truck driver and has recently received a pay increase. He advised the Tribunal that he could afford to pay the arrears off at $70.00 per week on top of his rent. The landlord did not oppose the Tribunal making a conditional termination order.

The tenant has a good history of paying his rent on time. The fact that he has fallen into arrears recently is out of character. I accept that this was due to unforeseen circumstances. The tenant is in fulltime employment and appeared realistic about the amount he was able to afford on top of his rent towards the arrears. Therefore, I am satisfied that 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. The most recent payment of rent was due on 30 August 2024 to cover the period from 30/08/2024 – 05/09/2024. The tenant advised the Tribunal that this payment of rent had not and would not be paid. Therefore, the total rent arrears for the purpose of the conditional order were calculated up to 5 September 2024 with consent of the parties.

Because Oxygen.Co.Nz Limited As Agent For United Group Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4960475 — net $3,182.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 September 2024	$3,155.00	Rent arrears to 5 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,182.00
Total payable by Tenant to Landlord	$3,182.00

Order

Patu Shortland owes Oxygen.Co.Nz Limited As Agent For United Group Ltd $3,182.00 (“the debt”) as detailed in the table below.
Patu Shortland must pay rent and the debt as follows: a. By 42 weekly payments of $465.00, being $390.00 for rent and $75.00 for the debt. b. A final payment of $422.00, being $390.00 for rent and $32.00 for the debt. c. Payments will be every Friday, with the first payment on 06/09/2024 and continuing until 27/06/2025.
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 Unit/Flat 6, 1341 High Street, Taita, Lower Hutt 5011 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

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and reimbursement of the filing fee. The tenant wants to repay the arrears to avoid immediate termination.

Should there be a conditional termination order?

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 arrears totalled $2,985.71 (53 days).
The tenancy began on 3 November 2023. Up until 5 July 2024, the tenant largely paid their on time. Since this date, the tenant has fallen into arrears. The tenant advised the Tribunal that he needed to buy a ticket for his son and granddaughter to return home to New Zealand from Australia at short notice. This was why he had not paid his rent recently. The tenant is in full-time employment as a truck driver and has recently received a pay increase. He advised the Tribunal that he could afford to pay the arrears off at $70.00 per week on top of his rent. The landlord did not oppose the Tribunal making a conditional termination order.
The tenant has a good history of paying his rent on time. The fact that he has fallen into arrears recently is out of character. I accept that this was due to unforeseen circumstances. The tenant is in fulltime employment and appeared realistic about the amount he was able to afford on top of his rent towards the arrears. Therefore, I am satisfied that 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. The most recent payment of rent was due on 30 August 2024 to cover the period from 30/08/2024 – 05/09/2024. The tenant advised the Tribunal that this payment of rent had not and would not be paid. Therefore, the total rent arrears for the purpose of the conditional order were calculated up to 5 September 2024 with consent of the parties.
Because Oxygen.Co.Nz Limited As Agent For United Group Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4960475 — Rent arrears at Unit/Flat 6, 1341 High Street, Taita, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4960475 — Rent arrears at Unit/Flat 6, 1341 High Street, Taita, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Order

Reasons

Should there be a conditional termination order?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should there be a conditional termination order?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions