How much money was awarded in case 4995048?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,970.00 awarded to landlord; Water Rates: $374.37 awarded to landlord

What type of tenancy dispute was case 4995048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4995048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099468-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4995048?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,970.00 awarded to landlord; Water Rates: $374.37 awarded to landlord

What type of tenancy dispute was case 4995048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4995048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099468-Tribunal_Order_Redacted.pdf.

127 St Heliers Bay Road, St Heliers, Auckland 1071 Tenancy Tribunal Case 4995048 — Rent arrears

Q: What was Tenancy Tribunal case 4995048 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4995048 — net $5,371.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 November 2024	$4,970.00	Rent arrears to 24 November 2024
Water rates	$374.37	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,371.37
Total payable by Tenant to Landlord	$5,371.37

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.

[The tenant/s] owe [The landlord/s] $5,371.37 (“the debt”) as shown in the table below:

[The tenant/s] must pay rent and the debt as follows: a. By a payment for usual weekly rent of $1,250.00 on Monday 25 November 2024; and b. By weekly payments of $1,750.00, being $1,250.00 for rent and $500.00 for the debt, with the first payment on 02/12/2024 and continuing until the debt is fully repaid. Payments will be allocated in the following order: rent, rent arrears, water rates 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 127 St Heliers Bay Road, St Heliers, Auckland 1071 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 water rates and the filing fee within 2 working days of the due date, the water rates and the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. The tenants were represented by [Tenant 1] and [Tenant 2].

There have been a number of changes of tenant since the tenancy began. [Former tenant 1], [Former tenant 2], [Former tenant 3] and [Former tenant 4] are all named in the application as tenants. I have been provided with signed change of tenant forms showing those former tenants as being departing tenants.

The landlord says that the documentation was not fully completed. However the documentation that is in place demonstrates an agreement between the parties that those tenants were no longer part of the tenancy. The arrears that give rise to this application post date those tenants’ departure, so it not appropriate that they be included in this Order.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want 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 heard evidence today that the arrears arose due to a problem with the tenant’s bank account being hacked and also due to an injury impacting on employment and income. The evidence persuades me that it would be fair to give the tenants the opportunity to repay the debt. The period specified in the order is reasonable. I have granted a conditional termination order, though the landlord seeks immediate termination.

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.

Because [The landlord/s] has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4995048 — net $5,371.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 November 2024	$4,970.00	Rent arrears to 24 November 2024
Water rates	$374.37	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,371.37
Total payable by Tenant to Landlord	$5,371.37

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] owe [The landlord/s] $5,371.37 (“the debt”) as shown in the table below:
[The tenant/s] must pay rent and the debt as follows: a. By a payment for usual weekly rent of $1,250.00 on Monday 25 November 2024; and b. By weekly payments of $1,750.00, being $1,250.00 for rent and $500.00 for the debt, with the first payment on 02/12/2024 and continuing until the debt is fully repaid. Payments will be allocated in the following order: rent, rent arrears, water rates 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 127 St Heliers Bay Road, St Heliers, Auckland 1071 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 water rates and the filing fee within 2 working days of the due date, the water rates and the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. The tenants were represented by [Tenant 1] and [Tenant 2].
There have been a number of changes of tenant since the tenancy began. [Former tenant 1], [Former tenant 2], [Former tenant 3] and [Former tenant 4] are all named in the application as tenants. I have been provided with signed change of tenant forms showing those former tenants as being departing tenants.
The landlord says that the documentation was not fully completed. However the documentation that is in place demonstrates an agreement between the parties that those tenants were no longer part of the tenancy. The arrears that give rise to this application post date those tenants’ departure, so it not appropriate that they be included in this Order.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want 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 heard evidence today that the arrears arose due to a problem with the tenant’s bank account being hacked and also due to an injury impacting on employment and income. The evidence persuades me that it would be fair to give the tenants the opportunity to repay the debt. The period specified in the order is reasonable. I have granted a conditional termination order, though the landlord seeks immediate termination.
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.
Because [The landlord/s] has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4995048 — Rent arrears at 127 St Heliers Bay Road, St Heliers, Auckland 1071

At a glance

Tenancy Tribunal case 4995048 — Rent arrears at 127 St Heliers Bay Road, St Heliers, Auckland 1071

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