What was Tenancy Tribunal case 4981028 about?

The tribunal order states: [The tenant/s] owe CSI Property Management Limited $5,544.86 being rent

How much money was awarded in case 4981028?

Rent Arrears: $5,517.86 awarded to landlord; Rent Arrears: $27.00 awarded to landlord

What type of tenancy dispute was case 4981028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4981028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10979866-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4981028 about?

The tribunal order states: [The tenant/s] owe CSI Property Management Limited $5,544.86 being rent

How much money was awarded in case 4981028?

Rent Arrears: $5,517.86 awarded to landlord; Rent Arrears: $27.00 awarded to landlord

What type of tenancy dispute was case 4981028?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4981028?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10979866-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4981028 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4981028. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being rent arrears to 20 October 2024 in the amount of	$5,517.86		being rent arrears to 20 October 2024 in the amount of
rent arrears”) and the filing fee for this claim in the amount of	$27.00		rent arrears”) and the filing fee for this claim in the amount of

[The tenant/s] owe CSI Property Management Limited $5,544.86 being rent arrears to 20 October 2024 in the amount of $5,517.86 (“rent arrears”) and the filing fee for this claim in the amount of $27.00 (“filing fee”).

[The tenant/s] must pay the rent arrears and filing fee by 5pm on Tuesday, 29 October 2024 (“the due date”).

If the tenants fail to pay the rent arrears within 2 working days of the due date: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the rent arrears 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 and both tenants attended the hearing which was held by phone.

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?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

I have reviewed the rent summary filed by the landlord. The rent summary shows that the rent was at least 21 days in arrears on the date this application was filed (and that the arrears has increased since that date). I must either make a final or a conditional termination order.

At the hearing today the tenants advised that [Tenant 1] had been paying his 50% share of the rent as it falls due but that [Tenant 2] has not been able to pay her 50% share as she is employed on a commission basis and has not been receiving regular income.

Although the arrears are due to missed payments by [Tenant 2], the liability of both tenants is joint and several (as both names are recorded on the tenancy agreement) and so the debt is recorded in the orders above as being a debt of both of them.

[Tenant 2] advised that she is taking urgent steps to withdraw some Kiwisaver funds to pay the arrears and that the process is underway.

I am satisfied the tenants (through [Tenant 2]) will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach.

The landlord’s agent advised at the outset of the hearing that he had already had discussions with the tenants and the owner of the property and that the owner had agreed that a conditional order could be made today.

I have granted a conditional termination order.

After discussing realistic time frames with [Tenant 2] and the landlord’s agent I have ordered that payment of the arrears be made by 5pm on Tuesday, 29 October 2024.

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. Filing fee and name suppression

Because CSI Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

The parties have all appeared today and have reached agreement as to a conditional termination order and the terms of that order. I therefore do not consider that there is any public interest in publication of the parties’ names. The landlord did not seek name suppression but both tenants sought orders for name suppression. I have suppressed the tenants’ names accordingly.

Claims and awards in Tenancy Tribunal application 4981028. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being rent arrears to 20 October 2024 in the amount of	$5,517.86		being rent arrears to 20 October 2024 in the amount of
rent arrears”) and the filing fee for this claim in the amount of	$27.00		rent arrears”) and the filing fee for this claim in the amount of

Order

[The tenant/s] owe CSI Property Management Limited $5,544.86 being rent arrears to 20 October 2024 in the amount of $5,517.86 (“rent arrears”) and the filing fee for this claim in the amount of $27.00 (“filing fee”).
[The tenant/s] must pay the rent arrears and filing fee by 5pm on Tuesday, 29 October 2024 (“the due date”).
If the tenants fail to pay the rent arrears within 2 working days of the due date: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the rent arrears 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 and both tenants attended the hearing which was held by phone.
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?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
I have reviewed the rent summary filed by the landlord. The rent summary shows that the rent was at least 21 days in arrears on the date this application was filed (and that the arrears has increased since that date). I must either make a final or a conditional termination order.
At the hearing today the tenants advised that [Tenant 1] had been paying his 50% share of the rent as it falls due but that [Tenant 2] has not been able to pay her 50% share as she is employed on a commission basis and has not been receiving regular income.
Although the arrears are due to missed payments by [Tenant 2], the liability of both tenants is joint and several (as both names are recorded on the tenancy agreement) and so the debt is recorded in the orders above as being a debt of both of them.
[Tenant 2] advised that she is taking urgent steps to withdraw some Kiwisaver funds to pay the arrears and that the process is underway.
I am satisfied the tenants (through [Tenant 2]) will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach.
The landlord’s agent advised at the outset of the hearing that he had already had discussions with the tenants and the owner of the property and that the owner had agreed that a conditional order could be made today.
I have granted a conditional termination order.
After discussing realistic time frames with [Tenant 2] and the landlord’s agent I have ordered that payment of the arrears be made by 5pm on Tuesday, 29 October 2024.
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. Filing fee and name suppression
Because CSI Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.
The parties have all appeared today and have reached agreement as to a conditional termination order and the terms of that order. I therefore do not consider that there is any public interest in publication of the parties’ names. The landlord did not seek name suppression but both tenants sought orders for name suppression. I have suppressed the tenants’ names accordingly.

Tenancy Tribunal case 4981028 — Rent arrears

At a glance

Tenancy Tribunal case 4981028 — 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