What was Tenancy Tribunal case 5042712 about?

The tribunal order states: The Tribunal orders suppression of the Landlord and Tenants’ names and

How much money was awarded in case 5042712?

Filing Fee: $27.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; Rent Arrears: $1,750.00 awarded to landlord; Uding Watercare Invoices, Council Po…: $446.66 awarded to landlord

What type of tenancy dispute was case 5042712?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5042712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11195004-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5042712 about?

The tribunal order states: The Tribunal orders suppression of the Landlord and Tenants’ names and

How much money was awarded in case 5042712?

Filing Fee: $27.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; Rent Arrears: $1,750.00 awarded to landlord; Uding Watercare Invoices, Council Po…: $446.66 awarded to landlord

What type of tenancy dispute was case 5042712?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5042712?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11195004-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5042712 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5042712 — net $2,476.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 December 2024	$1,750.00	Rent arrears to 10 December 2024
uding watercare invoices, council pool inspection fee and admin fee for processing the application and changes to the te	$446.66	uding watercare invoices, council pool inspection fee and admin fee for processing the application and changes to the te
Compensation for repairs related to wall damage	$253.00	Compensation for repairs related to wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,476.66
Total payable by Tenant to Landlord	$2,476.66

The Tribunal orders suppression of the Landlord and Tenants’ names and identifying details.

[The tenant/s] (“the Tenants”) owes [The landlord/s] $2,476.66 (“the debt”), calculated in the table below:

[The tenant/s] must pay the full debt of $2,476.66 by 5pm on Wednesday 18 December 2024.

[The tenant/s] must: (a) Continue to pay weekly rent as and when it falls due. (b) Refrain from keeping dogs at the property as per the Tenancy Agreement which prohibits pets. (c) Ensure the property is maintained in a reasonably clean and tidy, with all rubbish removed in accordance with the tenants' obligations under both the Tenancy Agreement and the Residential Tenancies Act 1986.

In addition, any payments made by the Tenants will be applied in a specific order: first to rent, then to any outstanding rent arrears, followed by the payment of unpaid invoices, compensation for repairs related to wall damage, and finally to the filing fee. This structured payment plan is intended to ensure that all financial obligations are settled in a fair and systematic manner.

Should the tenants fail to meet the specified payment deadline or default on their obligations within two working days of the due date, the Landlord is entitled to immediately terminate the tenancy and take possession of the property. Furthermore, any remaining balance of the debt will become payable immediately. Similarly, if the Tenants fail to meet the requirements outlined in the Tenancy Agreement, such as maintaining cleanliness or abiding by the pet restrictions, the Landlord will have the right to terminate the tenancy immediately upon the first breach.

This conditional termination order is enforceable for six months, until 18 June 2024.

Reasons

Both parties attended the hearing. [The landlord’s representative] attended for the landlord. [Tenant 1] and [Tenant 2] represented the tenants and were supported by a family member.

The landlord has applied for termination of the tenancy, rent arrears, unpaid water invoices, compensation for repairs related to wall damage, Council pool inspection fee and admin fee for changes to the tenancy agreement and processing the application, and refund of the bond. The tenants want to repay the debt to avoid immediate termination.

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.

The landlord’s agent highlighted a history of irregular payments and ongoing issues, including cleanliness and pet-related breaches. While these are concerning, the tenants have acknowledged their past failings and are now expressing a clear intent to comply with the terms of the tenancy. Given their partial payment and willingness to resolve the issues, the Tribunal is satisfied that they are likely to meet the terms of the order.

I have therefore granted a conditional termination order which is enforceable for six months, until 18 June 2024. The conditional nature of the order allows the tenants an opportunity to remedy the situation, provided they comply with the specified terms. If the tenants fulfil their obligations within the prescribed period, the conditional termination order will lapse, and they will retain possession of the property. However, if there is any breach, the landlord may enforce the termination order within 90 days from the first breach, as stipulated under Section 64(4)(b) of the Residential Tenancies Act 1986.

The above order was agreed upon, providing protection to the landlord for a period of six months while giving the tenants an opportunity to demonstrate their commitment to their obligations. This arrangement allows the tenants a reasonable timeframe to prove their intent and capability to comply with the tenancy terms, while ensuring the landlord has recourse should the tenants fail to uphold their obligations.

The decision to issue a conditional termination order is based on several factors. Both parties were present at the hearing, and the landlord has applied for termination due to rent arrears, unpaid invoices, compensation for repairs, and additional fees related to the tenancy. Despite these issues, the tenants have expressed a willingness to repay the debt and avoid immediate termination. This commitment, along with their partial payment of the outstanding arrears, suggests that the tenants intend to rectify the situation and meet their obligations going forward.

Furthermore, there is an intention to amend the tenancy agreement to replace [Tenant 3], who no longer resides at the premises, with [Tenant 4]. This amendment will formalise the change and ensure that [Tenant 4] takes over all responsibilities under the conditional termination order. Should the new agreement be completed, [Tenant 4] will assume responsibility for compliance with the order.

In conclusion, a conditional termination order is appropriate in this case, as it provides the tenants with a final opportunity to rectify their financial and tenancy- related breaches. Should they fail to comply with the order, the landlord will have the right to take possession of the property and enforce the full balance of the debt. However, given the tenants' commitment to resolve the issues, the order offers them a reasonable chance to maintain their tenancy.

As the landlord has been wholly successful with this claim, I order the other party to reimburse the filing fee.

This is effectively a consent order, and as such, it is appropriate to grant suppression of the landlord’s and tenants’ names and any identifying details.

Order

Claims and awards in Tenancy Tribunal application 5042712 — net $2,476.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 December 2024	$1,750.00	Rent arrears to 10 December 2024
uding watercare invoices, council pool inspection fee and admin fee for processing the application and changes to the te	$446.66	uding watercare invoices, council pool inspection fee and admin fee for processing the application and changes to the te
Compensation for repairs related to wall damage	$253.00	Compensation for repairs related to wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,476.66
Total payable by Tenant to Landlord	$2,476.66

The Tribunal orders suppression of the Landlord and Tenants’ names and identifying details.

[The tenant/s] (“the Tenants”) owes [The landlord/s] $2,476.66 (“the debt”), calculated in the table below:

[The tenant/s] must pay the full debt of $2,476.66 by 5pm on Wednesday 18 December 2024.

This conditional termination order is enforceable for six months, until 18 June 2024.

Reasons

Both parties attended the hearing. [The landlord’s representative] attended for the landlord. [Tenant 1] and [Tenant 2] represented the tenants and were supported by a family member.

Should a conditional termination order be made?

As the landlord has been wholly successful with this claim, I order the other party to reimburse the filing fee.

This is effectively a consent order, and as such, it is appropriate to grant suppression of the landlord’s and tenants’ names and any identifying details.

Tenancy Tribunal case 5042712 — Rent arrears

At a glance

Tenancy Tribunal case 5042712 — Rent arrears

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