How much money was awarded in case 5043769?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $905.00 awarded to landlord

What type of tenancy dispute was case 5043769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5043769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11135124-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5043769?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $905.00 awarded to landlord

What type of tenancy dispute was case 5043769?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5043769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11135124-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5043769 — Rent arrears

Q: What was Tenancy Tribunal case 5043769 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 5043769 — net $932.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$905.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$932.00
Total payable by Tenant to Landlord	$932.00

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

[The tenant/s] owes [The landlord/s] $932.00 (“the debt”), calculated as in the table below.

[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $560.00 for rent starting from Wednesday 27/11/2024, and b. By 9 fortnightly payments of $100.00 for the debt starting from Wednesday 27/11/2024 and continuing every second Wednesday and one final payment of $32.00 on 02/04/2025.

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 1 working day of each due date: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within 1 working day of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing held remotely today.

The landlord has applied for a conditional termination order to secure repayment of rent arrears.

The rent records show arrears of $905.00 and weekly rent of $560.00 due on 26 November 2024.

The landlord has complied with the legal requirements by serving a notice on the tenant requiring them to remedy the rent arrears (giving at least 14 days to do so) and showed that the tenant has not done so. Section 56(1) Residential Tenancies Act 1986 (RTA).

The notice was sent on 11 October 2024.

I agree that a conditional termination order is appropriate because there has been inconsistency with payments over the last two months. The arrears must be reduced to avoid the debt growing and making the situation worse for both landlord and tenant.

The tenant has made regular rent and arrears payments over the last six weeks. The arrears have reduced from $1,155.00 to $905.00 over that time.

Both parties agreed to a repayment arrangement of weekly rent ($560.00) and fortnightly arrears ($100.00).

I am satisfied that 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 order. See section 78(3) RTA.

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) RTA.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

I suppress both parties’ names on this occasion. The landlord is entitled to suppression as its claim is successful. After weighing the interests of the public and of the tenant, and considering the landlord’s view, I consider the prejudice to the tenant in publishing her name outweighs those of future landlords or others. She is a longstanding tenant at this address and has a good rent payment history. Also, she has been regularly reducing the debt for the last six weeks and attended the hearing and explained her situation. If the landlord had agreed to mediation, any consent order would not have been public.

Claims and awards in Tenancy Tribunal application 5043769 — net $932.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$905.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$932.00
Total payable by Tenant to Landlord	$932.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant names and identifying details.
[The tenant/s] owes [The landlord/s] $932.00 (“the debt”), calculated as in the table below.
[The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $560.00 for rent starting from Wednesday 27/11/2024, and b. By 9 fortnightly payments of $100.00 for the debt starting from Wednesday 27/11/2024 and continuing every second Wednesday and one final payment of $32.00 on 02/04/2025.
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 1 working day of each due date: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 1 working day of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing held remotely today.
The landlord has applied for a conditional termination order to secure repayment of rent arrears.
The rent records show arrears of $905.00 and weekly rent of $560.00 due on 26 November 2024.
The landlord has complied with the legal requirements by serving a notice on the tenant requiring them to remedy the rent arrears (giving at least 14 days to do so) and showed that the tenant has not done so. Section 56(1) Residential Tenancies Act 1986 (RTA).
The notice was sent on 11 October 2024.
I agree that a conditional termination order is appropriate because there has been inconsistency with payments over the last two months. The arrears must be reduced to avoid the debt growing and making the situation worse for both landlord and tenant.
The tenant has made regular rent and arrears payments over the last six weeks. The arrears have reduced from $1,155.00 to $905.00 over that time.
Both parties agreed to a repayment arrangement of weekly rent ($560.00) and fortnightly arrears ($100.00).
I am satisfied that 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 order. See section 78(3) RTA.
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) RTA.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
I suppress both parties’ names on this occasion. The landlord is entitled to suppression as its claim is successful. After weighing the interests of the public and of the tenant, and considering the landlord’s view, I consider the prejudice to the tenant in publishing her name outweighs those of future landlords or others. She is a longstanding tenant at this address and has a good rent payment history. Also, she has been regularly reducing the debt for the last six weeks and attended the hearing and explained her situation. If the landlord had agreed to mediation, any consent order would not have been public.

Tenancy Tribunal case 5043769 — Rent arrears

At a glance

Tenancy Tribunal case 5043769 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions