What was the outcome of Tenancy Tribunal case 5042725?

The tribunal order states: Destiny Awhina Pohatu owes Maxwell Realty Limited As Agent For Gernot

How much money was awarded in case 5042725?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $484.29 awarded to landlord

What type of tenancy dispute was case 5042725?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5042725?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11145590-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5042725?

The tribunal order states: Destiny Awhina Pohatu owes Maxwell Realty Limited As Agent For Gernot

How much money was awarded in case 5042725?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $484.29 awarded to landlord

What type of tenancy dispute was case 5042725?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5042725?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11145590-Tenancy_Tribunal_Order.pdf.

104 Coutts Road, Gore, Gore 9710 Tenancy Tribunal Case 5042725 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5042725 — net $511.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$484.29	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$511.29
Total payable by Tenant to Landlord	$511.29

Destiny Awhina Pohatu owes Maxwell Realty Limited As Agent For Gernot (Sam) Symanski $511.29 (“the debt”).

Destiny Awhina Pohatu must pay rent and the debt as follows: a. By 10 weekly payments of $540.00, being $490.00 for rent and $50.00 for the debt. b. A final payment of $501.29, being $490.00 for rent and $11.29 for the debt. c. Payments will be every Friday, with the first payment on 06/12/2024 and continuing until 14/02/2025.

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 104 Coutts Road, Gore, Gore 9710 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

Both parties attended the hearing. The landlord attended by video and the tenant attended by phone.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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 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 their rent on time. On 18 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.

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 Maxwell Realty Limited As Agent For Gernot (Sam) Symanski has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5042725 — net $511.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$484.29	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$511.29
Total payable by Tenant to Landlord	$511.29

Destiny Awhina Pohatu owes Maxwell Realty Limited As Agent For Gernot (Sam) Symanski $511.29 (“the debt”).

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

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

Both parties attended the hearing. The landlord attended by video and the tenant attended by phone.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Because Maxwell Realty Limited As Agent For Gernot (Sam) Symanski has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5042725 — Rent arrears at 104 Coutts Road, Gore, Gore 9710

At a glance

Tenancy Tribunal case 5042725 — Rent arrears at 104 Coutts Road, Gore, Gore 9710

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