How much money was awarded in case 5024188?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $678.57 awarded to landlord; Water Rates: $330.81 awarded to landlord

What type of tenancy dispute was case 5024188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5024188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11174385-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5024188?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $678.57 awarded to landlord; Water Rates: $330.81 awarded to landlord

What type of tenancy dispute was case 5024188?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5024188?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11174385-Tribunal_Order_Redacted.pdf.

85 Glengarry Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 5024188 — Rent arrears

Q: What was Tenancy Tribunal case 5024188 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 5024188 — net $1,036.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2024	$678.57	Rent arrears to 5 December 2024
Water rates	$330.81	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,036.38
Total payable by Tenant to Landlord	$1,036.38

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

Jamie Clarke owes [The landlord/s] $1,036.38 (“the debt”).

Jamie Clarke must pay rent and the debt as follows: a. By 10 weekly payments of $750.00, being $650.00 for rent and $100.00 for the debt. b. A final payment of $686.38, being $650.00 for rent and $36.38 for the debt. c. Payments will be every Monday, with the first payment on 09/12/2024 and continuing until 17/02/2025.

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: a. The tenancy at 85 Glengarry Road, Glen Eden, Auckland 0602 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 within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing by telephone. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone but the call was not answered.

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

At the hearing the landlord sought termination but after the hearing concluded the landlord contacted Tenancy Services asking that the tenancy not be terminated and instead a conditional termination order is made.

The landlord did not confirm what payment plan was sought. I have ordered that the tenant pays a minimum of $100.00 per week from next Monday. The tenant can pay more than this in order to clear the debt earlier.

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.

The tenant breached their obligations by not paying rent when it was due. On 10 October 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy. The landlord had served several breach notices before October 2024.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant 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] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5024188 — net $1,036.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 December 2024	$678.57	Rent arrears to 5 December 2024
Water rates	$330.81	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,036.38
Total payable by Tenant to Landlord	$1,036.38

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Jamie Clarke owes [The landlord/s] $1,036.38 (“the debt”).
Jamie Clarke must pay rent and the debt as follows: a. By 10 weekly payments of $750.00, being $650.00 for rent and $100.00 for the debt. b. A final payment of $686.38, being $650.00 for rent and $36.38 for the debt. c. Payments will be every Monday, with the first payment on 09/12/2024 and continuing until 17/02/2025.
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: a. The tenancy at 85 Glengarry Road, Glen Eden, Auckland 0602 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 within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing by telephone. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by telephone but the call was not answered.
The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond.
At the hearing the landlord sought termination but after the hearing concluded the landlord contacted Tenancy Services asking that the tenancy not be terminated and instead a conditional termination order is made.
The landlord did not confirm what payment plan was sought. I have ordered that the tenant pays a minimum of $100.00 per week from next Monday. The tenant can pay more than this in order to clear the debt earlier.

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.
The tenant breached their obligations by not paying rent when it was due. On 10 October 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy. The landlord had served several breach notices before October 2024.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant 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] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5024188 — Rent arrears at 85 Glengarry Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 5024188 — Rent arrears at 85 Glengarry Road, Glen Eden, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions