What was Tenancy Tribunal case 5005169 about?

The tribunal order states: The tenancy of [The tenant/s] at 22 McNeil Crescent, Wanaka,

How much money was awarded in case 5005169?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4799522 D…: $20.44 awarded to landlord; Rent Arrears: $6,128.57 awarded to landlord; Rent Due In Advance For The Period 2…: $600.00 awarded to landlord

What type of tenancy dispute was case 5005169?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5005169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10981006-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5005169 about?

The tribunal order states: The tenancy of [The tenant/s] at 22 McNeil Crescent, Wanaka,

How much money was awarded in case 5005169?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 4799522 D…: $20.44 awarded to landlord; Rent Arrears: $6,128.57 awarded to landlord; Rent Due In Advance For The Period 2…: $600.00 awarded to landlord

What type of tenancy dispute was case 5005169?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5005169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10981006-Tenancy_Tribunal_Order.pdf.

22 McNeil Crescent, Wanaka, Wanaka 9305 Tenancy Tribunal Case 5005169 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5005169 — net $2,776.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent due in advance for the period 22 October 2024 to 25 October 2024 (4 days	$600.00	Rent due in advance for the period 22 October 2024 to 25 October 2024 (4 days
Rent arrears to 21 October 2024	$6,128.57	Rent arrears to 21 October 2024
Previous order application 4799522 dated 26/03/2024	$20.44	Previous order application 4799522 dated 26/03/2024
Filing fee reimbursement (this hearing	$27.00	Filing fee reimbursement (this hearing
Net award	$2,776.01
Total payable by Tenant to Landlord	$2,776.01

The tenancy of [The tenant/s] at 22 McNeil Crescent, Wanaka, Wanaka 9305 is terminated, and possession is granted to [The landlord/s] and Co Property Management Limited as agent for Stephen & Sharon Grant, at midnight on Friday 8 November 2024.

The Bond Centre is to pay the bond of $4,000.00 (6497041-004) to [The landlord/s] and Co Property Management Limited as agent for Stephen & Sharon Grant immediately.

[The tenant/s] must pay [The landlord/s] and Co Property Management Limited as agent for Stephen & Sharon Grant $2,776.01 in accordance with order 4 below, but no later than 5pm on 8 November 2024, calculated as shown in the table below:

The possession order set out in order 1 above is conditional upon the following: a. The tenant continuing to pay rent to the landlord as it falls due on 26 October 2024 and 2 November 2024; b. The tenant paying $1,000 to the landlord today, 21 October 2024; and c. The tenant paying $1,200 to the landlord tomorrow, 22 October 2024.

If any of the payments set out in order 4 above are not paid within two working days of the dates ordered the landlord will be entitled to immediate possession and the sum of $2,776,01 (or the outstanding balance of that sum) will be due and payable immediately.

Reasons

Both parties attended the hearing. The landlord was represented by Ms Topping.

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

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).

The landlord previously obtained a conditional termination order on 26 March 2024 ([2024] NZTT 4799522) which has not been complied with, but the landlord did not seek possession within 90 days of the first breach (see section 64(4)(b) RTA. The landlord has now filed this new application seeking termination of the tenancy.

The tenant explained that his income has been very sporadic and despite his best efforts he had been unable to clear the arrears. He has just paid $800 towards arrears, confirmed by the landlord as having been received today.

The amount of arrears as confirmed in this decision was made on the basis of the rent summary provided by the landlord but also takes into account the payment of $800 just made and confirmed as received by the landlord.

The tenant accepts that the tenancy will be terminated but seeks a possession date of 8 November 2024 to allow him to organise his affairs. He is prepared to make substantial payments towards the arrears to be able to do so.

In the circumstances I have granted the landlord possession on 8 November 2024 subject to those payment being made as agreed and the tenant continuing to pay rent as it falls due.

For the avoidance of doubt the sum of $1,000 in order 4b above is the sum that the tenant says he has paid today but the landlord says does not yet show in the landlord’s account. Only one payment of $1,000 (in total) is required to be paid today.

This order incorporates the filing fee of $20.44 which was ordered in in TT 4799522 on 26 March 2024 (for enforcement purposes).

Because [The landlord/s] and Co Property Management Limited as agent for Stephen & Sharon Grant has substantially succeeded with the claim I have reimbursed the filing fee for this application also.

Claims and awards in Tenancy Tribunal application 5005169 — net $2,776.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent due in advance for the period 22 October 2024 to 25 October 2024 (4 days	$600.00	Rent due in advance for the period 22 October 2024 to 25 October 2024 (4 days
Rent arrears to 21 October 2024	$6,128.57	Rent arrears to 21 October 2024
Previous order application 4799522 dated 26/03/2024	$20.44	Previous order application 4799522 dated 26/03/2024
Filing fee reimbursement (this hearing	$27.00	Filing fee reimbursement (this hearing
Net award	$2,776.01
Total payable by Tenant to Landlord	$2,776.01

Order

The tenancy of [The tenant/s] at 22 McNeil Crescent, Wanaka, Wanaka 9305 is terminated, and possession is granted to [The landlord/s] and Co Property Management Limited as agent for Stephen & Sharon Grant, at midnight on Friday 8 November 2024.
The Bond Centre is to pay the bond of $4,000.00 (6497041-004) to [The landlord/s] and Co Property Management Limited as agent for Stephen & Sharon Grant immediately.
[The tenant/s] must pay [The landlord/s] and Co Property Management Limited as agent for Stephen & Sharon Grant $2,776.01 in accordance with order 4 below, but no later than 5pm on 8 November 2024, calculated as shown in the table below:
The possession order set out in order 1 above is conditional upon the following: a. The tenant continuing to pay rent to the landlord as it falls due on 26 October 2024 and 2 November 2024; b. The tenant paying $1,000 to the landlord today, 21 October 2024; and c. The tenant paying $1,200 to the landlord tomorrow, 22 October 2024.
If any of the payments set out in order 4 above are not paid within two working days of the dates ordered the landlord will be entitled to immediate possession and the sum of $2,776,01 (or the outstanding balance of that sum) will be due and payable immediately.

Reasons

Both parties attended the hearing. The landlord was represented by Ms Topping.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (“RTA”).
The landlord previously obtained a conditional termination order on 26 March 2024 ([2024] NZTT 4799522) which has not been complied with, but the landlord did not seek possession within 90 days of the first breach (see section 64(4)(b) RTA. The landlord has now filed this new application seeking termination of the tenancy.
The tenant explained that his income has been very sporadic and despite his best efforts he had been unable to clear the arrears. He has just paid $800 towards arrears, confirmed by the landlord as having been received today.
The amount of arrears as confirmed in this decision was made on the basis of the rent summary provided by the landlord but also takes into account the payment of $800 just made and confirmed as received by the landlord.
The tenant accepts that the tenancy will be terminated but seeks a possession date of 8 November 2024 to allow him to organise his affairs. He is prepared to make substantial payments towards the arrears to be able to do so.
In the circumstances I have granted the landlord possession on 8 November 2024 subject to those payment being made as agreed and the tenant continuing to pay rent as it falls due.
For the avoidance of doubt the sum of $1,000 in order 4b above is the sum that the tenant says he has paid today but the landlord says does not yet show in the landlord’s account. Only one payment of $1,000 (in total) is required to be paid today.
This order incorporates the filing fee of $20.44 which was ordered in in TT 4799522 on 26 March 2024 (for enforcement purposes).
Because [The landlord/s] and Co Property Management Limited as agent for Stephen & Sharon Grant has substantially succeeded with the claim I have reimbursed the filing fee for this application also.

Tenancy Tribunal case 5005169 — Rent arrears at 22 McNeil Crescent, Wanaka, Wanaka 9305

At a glance

Tenancy Tribunal case 5005169 — Rent arrears at 22 McNeil Crescent, Wanaka, Wanaka 9305

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions