What was Tenancy Tribunal case 5000535 about?

The tribunal order states: Johnson Falefa owes [The landlord/s] $5,797.94 (“the debt”) as calculated in the

How much money was awarded in case 5000535?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,700.00 awarded to landlord; Water Rates: $70.94 awarded to landlord

What type of tenancy dispute was case 5000535?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5000535?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10907329-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5000535 about?

The tribunal order states: Johnson Falefa owes [The landlord/s] $5,797.94 (“the debt”) as calculated in the

How much money was awarded in case 5000535?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,700.00 awarded to landlord; Water Rates: $70.94 awarded to landlord

What type of tenancy dispute was case 5000535?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5000535?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10907329-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5000535 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5000535 — net $5,797.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to Thursday 10 October 2024	$5,700.00	Rent arrears up to Thursday 10 October 2024
Water rates	$70.94	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,797.94
Total payable by Tenant to Landlord	$5,797.94

Johnson Falefa owes [The landlord/s] $5,797.94 (“the debt”) as calculated in the table below.

Johnson Falefa must pay rent and the debt as follows: a. Payment of $5,727.00 for rent arrears and the filing fee by 5:00pm on Monday 7 October 2024, and b. Payment of $70.94 for the water rates by 5:00pm on Monday 7 October 2024, and c. Payment of $950.00 for weekly rent by 5:00pm on Friday 11 October 2024.

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

If the tenant fails to pay the rent arrears and water rates within 1 working day of 5:00pm on 7 October 2024 then: 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 weekly rent within 1 working day of 5:00pm on 11 October 2024 then: c. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises, and d. 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.

Reasons

The landlord’s representative and the tenant attended the hearing by phone today.

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 the tenant be given the chance to repay the debt to avoid termination of the tenancy?

When rent is more than 21 days behind on the date of the Tribunal hearing, the law says that the Tribunal must either terminate the tenancy immediately OR can agree to give the tenant the opportunity to repay the debt by a certain date.

If the debt is not paid by the date specified, then the tenancy will terminate (this is called a “conditional termination” order); see section 55(1)(a) and (1A) Residential Tenancies Act 1986 (RTA).

The rent is 34 days behind as at the date of the hearing which is $4,750.00.

After discussion with the tenant, I am satisfied he will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. He explained he is in the construction industry and is waiting for payment from clients. I have granted a conditional termination order.

I have listed the payments to be made as agreed with both parties.

The debt (rent arrears and water rates) has to be paid by 5:00pm next Monday 7 October 2024 and then the next weekly rent must be paid on time by 5:00pm on Friday 11 October 2024.

If any of those payments are more than 1 working day late, then the tenancy will terminate immediately. The landlord does not have to come back to the Tribunal.

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.

The landlord is also entitled to be paid the filing fee for this application and to name suppression (as it has been successful with the claim).

Claims and awards in Tenancy Tribunal application 5000535 — net $5,797.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears up to Thursday 10 October 2024	$5,700.00	Rent arrears up to Thursday 10 October 2024
Water rates	$70.94	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,797.94
Total payable by Tenant to Landlord	$5,797.94

Order

Johnson Falefa owes [The landlord/s] $5,797.94 (“the debt”) as calculated in the table below.
Johnson Falefa must pay rent and the debt as follows: a. Payment of $5,727.00 for rent arrears and the filing fee by 5:00pm on Monday 7 October 2024, and b. Payment of $70.94 for the water rates by 5:00pm on Monday 7 October 2024, and c. Payment of $950.00 for weekly rent by 5:00pm on Friday 11 October 2024.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay the rent arrears and water rates within 1 working day of 5:00pm on 7 October 2024 then: 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 weekly rent within 1 working day of 5:00pm on 11 October 2024 then: c. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises, and d. 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.

Reasons

The landlord’s representative and the tenant attended the hearing by phone today.
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 the tenant be given the chance to repay the debt to avoid termination of the tenancy?
When rent is more than 21 days behind on the date of the Tribunal hearing, the law says that the Tribunal must either terminate the tenancy immediately OR can agree to give the tenant the opportunity to repay the debt by a certain date.
If the debt is not paid by the date specified, then the tenancy will terminate (this is called a “conditional termination” order); see section 55(1)(a) and (1A) Residential Tenancies Act 1986 (RTA).
The rent is 34 days behind as at the date of the hearing which is $4,750.00.
After discussion with the tenant, I am satisfied he will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. He explained he is in the construction industry and is waiting for payment from clients. I have granted a conditional termination order.
I have listed the payments to be made as agreed with both parties.
The debt (rent arrears and water rates) has to be paid by 5:00pm next Monday 7 October 2024 and then the next weekly rent must be paid on time by 5:00pm on Friday 11 October 2024.
If any of those payments are more than 1 working day late, then the tenancy will terminate immediately. The landlord does not have to come back to the Tribunal.
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.
The landlord is also entitled to be paid the filing fee for this application and to name suppression (as it has been successful with the claim).

Tenancy Tribunal case 5000535 — Rent arrears

At a glance

Tenancy Tribunal case 5000535 — 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