What was the outcome of Tenancy Tribunal case 5029769?

The tribunal order states: Alexandra Currie, Destiny Smith, Junior Sua and Alec MacCormick owe Yes

How much money was awarded in case 5029769?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,831.43 awarded to landlord

What type of tenancy dispute was case 5029769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11235588-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5029769?

The tribunal order states: Alexandra Currie, Destiny Smith, Junior Sua and Alec MacCormick owe Yes

How much money was awarded in case 5029769?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,831.43 awarded to landlord

What type of tenancy dispute was case 5029769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5029769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11235588-Tenancy_Tribunal_Order.pdf.

97 Judd Crescent, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 5029769 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5029769. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 6 January 2025	$8,831.43		Rent arrears as at 6 January 2025
Filing fee reimbursement	$27.00		Filing fee reimbursement

Alexandra Currie, Destiny Smith, Junior Sua and Alec MacCormick owe Yes Lets Limited As Agent For Michael Williams $8,858.43 (“the debt”), as calculated in the table below.

Alexandra Currie, Destiny Smith, Junior Sua and Alec MacCormick must pay rent and the debt as follows: a. By paying $8,858.43 by 4pm on Monday 6 January 2025.

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

If the tenants fail to pay rent and rent arrears within 2 working days of the due date: a. The tenancy at 97 Judd Crescent, Naenae, Lower Hutt 5011 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

This hearing was scheduled to be heard remotely. The landlord appeared by video conference. Ms Currie attended by phone and stated that she represented herself and Mr MacCormick. Mr Sua attended by phone and stated that he represented himself and Ms Smith.

I note that Ms Currie and Mr MacCormick no longer reside at the tenancy but remain liable for the arrears because they have not advised the landlord that they wish to be removed from the tenancy.

The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond. The two tenants remaining at the property want to repay the debt to avoid immediate termination.

To avoid any further arrears for which they are responsible I advised Ms Currie that she ought to ensure that she and Mr MacCormick are removed from the tenancy.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

After discussion at today’s hearing I am satisfied that the remaining two tenants will pay the debt within the period specified in the order and are unlikely to commit any further relevant breach. I have therefore granted a conditional termination order.

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.

I note that as well as the rent arrears, I have ordered the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in their claim against the tenants. C ter Haar 18 December 2024

Order

Claims and awards in Tenancy Tribunal application 5029769. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 6 January 2025	$8,831.43		Rent arrears as at 6 January 2025
Filing fee reimbursement	$27.00		Filing fee reimbursement

Alexandra Currie, Destiny Smith, Junior Sua and Alec MacCormick owe Yes Lets Limited As Agent For Michael Williams $8,858.43 (“the debt”), as calculated in the table below.

Alexandra Currie, Destiny Smith, Junior Sua and Alec MacCormick must pay rent and the debt as follows: a. By paying $8,858.43 by 4pm on Monday 6 January 2025.

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

If the tenants fail to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

I note that Ms Currie and Mr MacCormick no longer reside at the tenancy but remain liable for the arrears because they have not advised the landlord that they wish to be removed from the tenancy.

To avoid any further arrears for which they are responsible I advised Ms Currie that she ought to ensure that she and Mr MacCormick are removed from the tenancy.

Should a conditional termination order be made?

Tenancy Tribunal case 5029769 — Rent arrears at 97 Judd Crescent, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5029769 — Rent arrears at 97 Judd Crescent, Naenae, Lower Hutt 5011

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions