What was Tenancy Tribunal case 4986128 about?

The tribunal order states: [The tenant/s] owes Trust House Limited $1,093.00 (“the debt”), calculated as

How much money was awarded in case 4986128?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,066.00 awarded to landlord

What type of tenancy dispute was case 4986128?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4986128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11037629-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4986128 about?

The tribunal order states: [The tenant/s] owes Trust House Limited $1,093.00 (“the debt”), calculated as

How much money was awarded in case 4986128?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,066.00 awarded to landlord

What type of tenancy dispute was case 4986128?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4986128?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11037629-Tribunal_Order_Redacted.pdf.

21 James Street, Dannevirke, Dannevirke 4930 Tenancy Tribunal Case 4986128 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4986128 — net $1,093.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.11.2024	$1,066.00	Rent arrears to 5.11.2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,093.00
Total payable by Tenant to Landlord	$1,093.00

[The tenant/s] owes Trust House Limited $1,093.00 (“the debt”), calculated as shown in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $205.00, being $155.00 for weekly rent and $50.00 towards the debt, starting on Tuesday 5 November 2024 and continuing every Tuesday until the debt is repaid in full.

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 21 James Street, Dannevirke, Dannevirke 4930 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

Ms Herbert attended the teleconference hearing on behalf of the landlord, as did the tenant.

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.

The landlord provided rent records showing the tenant owes $1,043.86 in rent to 4 November 2024. Weekly rent is $155.00 so daily rent is $22.14. Therefore, the tenant owes a total of $1,066.00 in rent to 5 November 2024.

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 am satisfied 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. Filing fee

Because Trust House Limited has wholly succeeded with the claim I must reimburse the filing fee. Suppression

The tenant requested name suppression. Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The tenant said she lost her son a year ago and has been battling major depression, which resulted in issues with her rent payments. She has arranged for some lump payments already towards the rent arrears by WINZ and has also arranged a redirection of rent straight to the landlord from WINZ. The landlord was understanding of the tenant’s circumstances and supported the making of a conditional termination order. In the circumstances and given the evidence, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Claims and awards in Tenancy Tribunal application 4986128 — net $1,093.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.11.2024	$1,066.00	Rent arrears to 5.11.2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,093.00
Total payable by Tenant to Landlord	$1,093.00

Order

[The tenant/s] owes Trust House Limited $1,093.00 (“the debt”), calculated as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $205.00, being $155.00 for weekly rent and $50.00 towards the debt, starting on Tuesday 5 November 2024 and continuing every Tuesday until the debt is repaid in full.
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 21 James Street, Dannevirke, Dannevirke 4930 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

Ms Herbert attended the teleconference hearing on behalf of the landlord, as did the tenant.
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.
The landlord provided rent records showing the tenant owes $1,043.86 in rent to 4 November 2024. Weekly rent is $155.00 so daily rent is $22.14. Therefore, the tenant owes a total of $1,066.00 in rent to 5 November 2024.

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 am satisfied 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. Filing fee
Because Trust House Limited has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The tenant requested name suppression. Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The tenant said she lost her son a year ago and has been battling major depression, which resulted in issues with her rent payments. She has arranged for some lump payments already towards the rent arrears by WINZ and has also arranged a redirection of rent straight to the landlord from WINZ. The landlord was understanding of the tenant’s circumstances and supported the making of a conditional termination order. In the circumstances and given the evidence, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details are not to be published.

Tenancy Tribunal case 4986128 — Rent arrears at 21 James Street, Dannevirke, Dannevirke 4930

At a glance

Tenancy Tribunal case 4986128 — Rent arrears at 21 James Street, Dannevirke, Dannevirke 4930

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