How much money was awarded in case 4995108?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,785.71 awarded to landlord

What type of tenancy dispute was case 4995108?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4995108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11274105-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4995108?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,785.71 awarded to landlord

What type of tenancy dispute was case 4995108?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4995108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11274105-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4995108 — Rent arrears

Q: What was Tenancy Tribunal case 4995108 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 4995108 — net $2,812.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2025 (including one week’s rent in advance due on 9 January 2025	$2,785.71	Rent arrears to 15 January 2025 (including one week’s rent in advance due on 9 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,812.71
Total payable by Tenant to Landlord	$2,812.71

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

Kylie-Ann Roughan owes [the landlord] $2,812.71 (“the debt”), calculated as set out in the table below:

Kylie-Ann Roughan must pay the debt on 9 January 2025, by one lump sum payment of $2,812.71.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay the debt in full by 9 January 2025: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears, and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.

The tenant breached their obligations by recidivist rent arrear breaches that have not been remedied despite 14-day notices for rent breaches being served on the tenant on 23 August 2024, 5 and 16 September 2024. The breaches were not remedied within the required period. It would be inequitable to refuse to terminate the tenancy, when the property owners have a mortgage to pay and have suffered financial hardship trying to meet their mortgage payments with no regular rental payments being made by the tenant.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the Order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Reimbursement of the filing fee

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

The landlord applies for non-publication of its name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 4995108 — net $2,812.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2025 (including one week’s rent in advance due on 9 January 2025	$2,785.71	Rent arrears to 15 January 2025 (including one week’s rent in advance due on 9 January 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,812.71
Total payable by Tenant to Landlord	$2,812.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Kylie-Ann Roughan owes [the landlord] $2,812.71 (“the debt”), calculated as set out in the table below:
Kylie-Ann Roughan must pay the debt on 9 January 2025, by one lump sum payment of $2,812.71.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay the debt in full by 9 January 2025: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears, and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
The tenant breached their obligations by recidivist rent arrear breaches that have not been remedied despite 14-day notices for rent breaches being served on the tenant on 23 August 2024, 5 and 16 September 2024. The breaches were not remedied within the required period. It would be inequitable to refuse to terminate the tenancy, when the property owners have a mortgage to pay and have suffered financial hardship trying to meet their mortgage payments with no regular rental payments being made by the tenant.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the Order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Reimbursement of the filing fee
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 4995108 — Rent arrears

At a glance

Tenancy Tribunal case 4995108 — Rent arrears

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