What was the outcome of Tenancy Tribunal case 5005171?

The tribunal order states: Joseph Lawrence owes Far North Circle Real Estate Limited T/A Ray White

How much money was awarded in case 5005171?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $785.00 awarded to landlord

What type of tenancy dispute was case 5005171?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5005171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11188718-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5005171?

The tribunal order states: Joseph Lawrence owes Far North Circle Real Estate Limited T/A Ray White

How much money was awarded in case 5005171?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $785.00 awarded to landlord

What type of tenancy dispute was case 5005171?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5005171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11188718-Tenancy_Tribunal_Order.pdf.

71B State Highway 10, Coopers Beach, Coopers Beach Tenancy Tribunal Case 5005171 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5005171 — net $812.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 December 2024	$785.00	Rent arrears to 12 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$812.00
Total payable by Tenant to Landlord	$812.00

Joseph Lawrence owes Far North Circle Real Estate Limited T/A Ray White Kaitaia As Agent For Jade Moore $812.00 (“the debt”) as shown in the table:

Joseph Lawrence must pay rent and the debt as follows: a. By paying the weekly rent of $385 in advance on Friday 13 December 2024 b. By an additional payment of $385 to be paid on or before Friday 13 December 2024 c. By weekly payments of $485.00, being $385.00 for rent and $100.00 for the debt and these payments will be every Friday with the first payment on 20 December 2024 and continuing until the debt is paid in full.

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 the balance of the debt will be payable immediately.

The application for termination of the tenancy is dismissed.

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 (very unfair) 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 (RTA).

The tenant breached his obligations by failing to pay rent. On 9 September 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229, the District Court considered section 56(1)(c) RTA and set out a range of factors relevant to whether it would be “inequitable to refuse” to terminate the tenancy: • The history of the tenancy. • Whether there had been a persistent failure after repeated warnings. • Whether the history of breaches is such that it is unlikely the tenant would comply with their obligations in the future. • Whether the breach was inadvertent or deliberately committed. • The conduct of the landlord. • The gravity of the breach. • Whether termination is a proportionate response to the breach.

This tenancy started in August 2024. The tenant has missed the weekly rent five times. The rent is not being paid weekly in advance as per the tenancy agreement. The tenant has continued to pay rent erratically, although the rent is not 21 days in arrears. As at today rent is 11 days behind.

Paying rent is a fundamental obligation and the Tribunal takes breaches seriously. There have been warnings and 14 day notices and the tenant is still in arrears. It seems to me the landlord has behaved in a reasonable way to manage the situation.

The tenant said he wants to stay in the house. He is working and can pay extra. He wants a last chance to pay the rent arrears and comply with the tenancy agreement.

I have considered the submissions and I am not persuaded that ending the tenancy is the proportionate response at the moment. This is mostly because the property manager is more in favour of the tenancy continuing. The application to end the tenancy is dismissed.

The parties agreed to a payment arrangement. This order will lapse if it is fully complied with.

I want to remind the tenant that not paying rent is a serious breach. It seems unlikely the Tribunal would allow the tenancy to continue if the tenant is in arrears again.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5005171 — net $812.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 December 2024	$785.00	Rent arrears to 12 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$812.00
Total payable by Tenant to Landlord	$812.00

Order

Joseph Lawrence owes Far North Circle Real Estate Limited T/A Ray White Kaitaia As Agent For Jade Moore $812.00 (“the debt”) as shown in the table:
Joseph Lawrence must pay rent and the debt as follows: a. By paying the weekly rent of $385 in advance on Friday 13 December 2024 b. By an additional payment of $385 to be paid on or before Friday 13 December 2024 c. By weekly payments of $485.00, being $385.00 for rent and $100.00 for the debt and these payments will be every Friday with the first payment on 20 December 2024 and continuing until the debt is paid in full.
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 the balance of the debt will be payable immediately.
The application for termination of the tenancy is dismissed.

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 (very unfair) 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 (RTA).
The tenant breached his obligations by failing to pay rent. On 9 September 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229, the District Court considered section 56(1)(c) RTA and set out a range of factors relevant to whether it would be “inequitable to refuse” to terminate the tenancy: • The history of the tenancy. • Whether there had been a persistent failure after repeated warnings. • Whether the history of breaches is such that it is unlikely the tenant would comply with their obligations in the future. • Whether the breach was inadvertent or deliberately committed. • The conduct of the landlord. • The gravity of the breach. • Whether termination is a proportionate response to the breach.
This tenancy started in August 2024. The tenant has missed the weekly rent five times. The rent is not being paid weekly in advance as per the tenancy agreement. The tenant has continued to pay rent erratically, although the rent is not 21 days in arrears. As at today rent is 11 days behind.
Paying rent is a fundamental obligation and the Tribunal takes breaches seriously. There have been warnings and 14 day notices and the tenant is still in arrears. It seems to me the landlord has behaved in a reasonable way to manage the situation.
The tenant said he wants to stay in the house. He is working and can pay extra. He wants a last chance to pay the rent arrears and comply with the tenancy agreement.
I have considered the submissions and I am not persuaded that ending the tenancy is the proportionate response at the moment. This is mostly because the property manager is more in favour of the tenancy continuing. The application to end the tenancy is dismissed.
The parties agreed to a payment arrangement. This order will lapse if it is fully complied with.
I want to remind the tenant that not paying rent is a serious breach. It seems unlikely the Tribunal would allow the tenancy to continue if the tenant is in arrears again.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5005171 — Rent arrears at 71B State Highway 10, Coopers Beach, Coopers Beach

At a glance

Tenancy Tribunal case 5005171 — Rent arrears at 71B State Highway 10, Coopers Beach, Coopers Beach

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions