How much money was awarded in case 4995868?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $379.16 awarded to landlord

What type of tenancy dispute was case 4995868?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4995868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11190975-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4995868?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $379.16 awarded to landlord

What type of tenancy dispute was case 4995868?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4995868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11190975-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4995868 — Rent arrears

Q: What was Tenancy Tribunal case 4995868 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 4995868 — net $406.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to 12/12/2024	$379.16	Rent arrears up to 12/12/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$406.16
Total payable by Tenant to Landlord	$406.16

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

Chrystal Smith owes [The landlord/s] $406.16 (“the debt”), calculated as in the table below.

Chrystal Smith must pay rent and the debt as follows: a. By payment of $406.16 for the debt by 5:00pm on Wednesday 11 December 2024; and b. Payment of $600.00 for weekly rent by 5:00pm on Friday 13 December 2024.

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

If the tenant fails to pay rent arrears and rent in order 3 within 1 working day of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within 1 working day of the due date, the filing fee will be payable immediately.

Weekly rent of $600.00 is payable every Friday while the tenancy continues.

Reasons

The landlord’s representatives attended the hearing today. I telephoned the tenant however the number went to voicemail. I continued the hearing in her absence because she has been emailed notice of the hearing date and time to her address for service and been sent text reminders.

The landlord has applied to terminate the tenancy due to rent arrears.

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.

The landlord has proved that the rent was more than 21 days in arrears at the date the application was made.

There was rent owing of $2,279.16 on the application date of 5 September 2024 which is equivalent to 29 days of rent.

This is a significant debt, and the landlord is entitled to seek termination.

The landlord confirmed in the hearing that the amount of rent owing as at today has been reduced to $122.02 and that water rates are paid up to date.

The Tribunal has the discretion not to immediately terminate a tenancy where satisfied any rent arrears will be paid within a set period and it is unlikely the tenant will commit a further breach of the same type; s55(1Ā) RTA.

I have decided not to immediately terminate the tenancy on this occasion. I have made a conditional termination order.

The order means that the tenant must:- a. pay the amount owing to ensure the rent is one week in advance (as required by the tenancy agreement) by 5pm this Wednesday 11 December 2024; and b. pay the next weekly rent of $600.00 when it is due which is this Friday 13 December 2024.

If the above payments are not made within 1 working day of the due dates, the tenancy will terminate immediately.

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.

My reasons for this are:- a. The rent is almost up to date and, as a current ledger was not supplied before the hearing, it is possible the tenant may not be aware that there is still a small amount owing. b. This is a tenancy of over 9 years duration and the tenant’s recent payments illustrate that she wants it to continue. c. Rent payments have been inconsistent over the last year. However, the last two months have been much improved.

This is a last chance for the tenant.

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.

I award the landlord the filing fee and suppress its name as it has been substantially successful with the claim.

Claims and awards in Tenancy Tribunal application 4995868 — net $406.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to 12/12/2024	$379.16	Rent arrears up to 12/12/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$406.16
Total payable by Tenant to Landlord	$406.16

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Chrystal Smith owes [The landlord/s] $406.16 (“the debt”), calculated as in the table below.
Chrystal Smith must pay rent and the debt as follows: a. By payment of $406.16 for the debt by 5:00pm on Wednesday 11 December 2024; and b. Payment of $600.00 for weekly rent by 5:00pm on Friday 13 December 2024.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent arrears and rent in order 3 within 1 working day of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 1 working day of the due date, the filing fee will be payable immediately.
Weekly rent of $600.00 is payable every Friday while the tenancy continues.

Reasons

The landlord’s representatives attended the hearing today. I telephoned the tenant however the number went to voicemail. I continued the hearing in her absence because she has been emailed notice of the hearing date and time to her address for service and been sent text reminders.
The landlord has applied to terminate the tenancy due to rent arrears.
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.
The landlord has proved that the rent was more than 21 days in arrears at the date the application was made.
There was rent owing of $2,279.16 on the application date of 5 September 2024 which is equivalent to 29 days of rent.
This is a significant debt, and the landlord is entitled to seek termination.
The landlord confirmed in the hearing that the amount of rent owing as at today has been reduced to $122.02 and that water rates are paid up to date.
The Tribunal has the discretion not to immediately terminate a tenancy where satisfied any rent arrears will be paid within a set period and it is unlikely the tenant will commit a further breach of the same type; s55(1Ā) RTA.
I have decided not to immediately terminate the tenancy on this occasion. I have made a conditional termination order.
The order means that the tenant must:- a. pay the amount owing to ensure the rent is one week in advance (as required by the tenancy agreement) by 5pm this Wednesday 11 December 2024; and b. pay the next weekly rent of $600.00 when it is due which is this Friday 13 December 2024.
If the above payments are not made within 1 working day of the due dates, the tenancy will terminate immediately.
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.
My reasons for this are:- a. The rent is almost up to date and, as a current ledger was not supplied before the hearing, it is possible the tenant may not be aware that there is still a small amount owing. b. This is a tenancy of over 9 years duration and the tenant’s recent payments illustrate that she wants it to continue. c. Rent payments have been inconsistent over the last year. However, the last two months have been much improved.
This is a last chance for the tenant.
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.
I award the landlord the filing fee and suppress its name as it has been substantially successful with the claim.

Tenancy Tribunal case 4995868 — Rent arrears

At a glance

Tenancy Tribunal case 4995868 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions