What was the outcome of Tenancy Tribunal case 4998529?

The tribunal order states: [The tenant/s] owes [The landlord/s] $1,848.43 (“the debt”).

How much money was awarded in case 4998529?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,821.43 awarded to landlord

What type of tenancy dispute was case 4998529?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4998529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10898093-Tenancy_Tribunal_Order - OP.pdf.

What was the outcome of Tenancy Tribunal case 4998529?

The tribunal order states: [The tenant/s] owes [The landlord/s] $1,848.43 (“the debt”).

How much money was awarded in case 4998529?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,821.43 awarded to landlord

What type of tenancy dispute was case 4998529?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4998529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10898093-Tenancy_Tribunal_Order - OP.pdf.

28B Margaret Road, Bellevue, Tauranga 3110 Tenancy Tribunal Case 4998529 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4998529. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,821.43		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

[The tenant/s] owes [The landlord/s] $1,848.43 (“the debt”).

[The tenant/s] must pay rent and the debt as follows: a. By one payment of $1,000.00, being $850.00 for rent and $150.00 for the debt due by Friday 8 November 2024. b. A further payment of $0.00 for the rent debt due on Friday 15 November 2024. c. The weekly rent of $850 for rent in advance and the filing fee of $20.44 must also be paid on Friday 15 November 2024.

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 stipulated of 8 and 15 November 2024: a. The tenancy at 28B Margaret Road, Bellevue, Tauranga 3110 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 and the rent in advance within 2 working days of the due date, the filing fee and rent in advance will be payable immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

An order for rent arrears and terminating the tenancy was made as the tenants did not attend the hearing on 1 October 2024.

The tenants applied for a rehearing on the basis the link they received for the hearing did not work and they were unable to join.

The Tribunal granted the rehearing request and ordered that the 1/10/2024 be stayed on condition the weekly rent was paid until the matter was considered further.

The tenants have continued to pay the weekly rent. The application to re-hear the substantive issue is granted.

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?

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.

Rent was 18 days in arrears at the date of application to the Tribunal and remains 14 days in arrears today. A 14-day notice was issued and not complied with.

It would be inequitable to refuse to terminate the tenancy because of the history and nature of the breaches.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants 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.

Because [The applicant/s] have substantially succeeded with the claim I have reimbursed the filing fee.

The landlords requested suppression which is approved as their application is largely successful. The tenants’ names are also to be supressed. If further applications are required for breaches of the obligation to pay rent, it is unlikely this discretion will be exercised in their favour again, as the public interest would point to publication.

Claims and awards in Tenancy Tribunal application 4998529. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,821.43		Rent arrears
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

[The tenant/s] owes [The landlord/s] $1,848.43 (“the debt”).
[The tenant/s] must pay rent and the debt as follows: a. By one payment of $1,000.00, being $850.00 for rent and $150.00 for the debt due by Friday 8 November 2024. b. A further payment of $0.00 for the rent debt due on Friday 15 November 2024. c. The weekly rent of $850 for rent in advance and the filing fee of $20.44 must also be paid on Friday 15 November 2024.
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 stipulated of 8 and 15 November 2024: a. The tenancy at 28B Margaret Road, Bellevue, Tauranga 3110 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 and the rent in advance within 2 working days of the due date, the filing fee and rent in advance will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
An order for rent arrears and terminating the tenancy was made as the tenants did not attend the hearing on 1 October 2024.
The tenants applied for a rehearing on the basis the link they received for the hearing did not work and they were unable to join.
The Tribunal granted the rehearing request and ordered that the 1/10/2024 be stayed on condition the weekly rent was paid until the matter was considered further.
The tenants have continued to pay the weekly rent. The application to re-hear the substantive issue is granted.
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?

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.
Rent was 18 days in arrears at the date of application to the Tribunal and remains 14 days in arrears today. A 14-day notice was issued and not complied with.
It would be inequitable to refuse to terminate the tenancy because of the history and nature of the breaches.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants 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.
Because [The applicant/s] have substantially succeeded with the claim I have reimbursed the filing fee.
The landlords requested suppression which is approved as their application is largely successful. The tenants’ names are also to be supressed. If further applications are required for breaches of the obligation to pay rent, it is unlikely this discretion will be exercised in their favour again, as the public interest would point to publication.

Tenancy Tribunal case 4998529 — Rent arrears at 28B Margaret Road, Bellevue, Tauranga 3110

At a glance

Tenancy Tribunal case 4998529 — Rent arrears at 28B Margaret Road, Bellevue, Tauranga 3110

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