How much money was awarded in case 5046648?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,858.00 awarded to landlord

What type of tenancy dispute was case 5046648?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5046648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11207987-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5046648?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,858.00 awarded to landlord

What type of tenancy dispute was case 5046648?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5046648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11207987-Tribunal_Order_Redacted.pdf.

Unit/Flat 3, 76 Victoria Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 5046648 — Rent arrears

Q: What was Tenancy Tribunal case 5046648 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 5046648 — net $2,885.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,858.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,885.00
Total payable by Tenant to Landlord	$2,885.00

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

Samantha Stoddart and Benjamin Franke owes [The landlord/s] $2,885.00 (“the debt”) as set out in the table below.

Samantha Stoddart and Benjamin Franke must pay rent and the debt as follows: a. By 38 weekly payments of $570.00, being $495.00 for rent and $75.00 for the debt. b. A final payment of $530.00, being $495.00 for rent and $35.00 for the debt. c. Payments will be every Thursday, with the first payment on 19/12/2024 and continuing until 11/09/2025.

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 Unit/Flat 3, 76 Victoria Street, Pukekohe, Pukekohe 2120 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 by remote teleconference. There was no attendance by the tenant Samantha Stoddart.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord also provided an updated rent ledger during the hearing. Having sighted this evidence I am satisfied that the tenants are responsible for this debt.

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

Should a conditional termination order be made?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.

Rent is at least 21 days in arrears at the hearing date.

I am satisfied the tenants 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 tenants breach 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.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.

The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 5046648 — net $2,885.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,858.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,885.00
Total payable by Tenant to Landlord	$2,885.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Samantha Stoddart and Benjamin Franke owes [The landlord/s] $2,885.00 (“the debt”) as set out in the table below.
Samantha Stoddart and Benjamin Franke must pay rent and the debt as follows: a. By 38 weekly payments of $570.00, being $495.00 for rent and $75.00 for the debt. b. A final payment of $530.00, being $495.00 for rent and $35.00 for the debt. c. Payments will be every Thursday, with the first payment on 19/12/2024 and continuing until 11/09/2025.
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 Unit/Flat 3, 76 Victoria Street, Pukekohe, Pukekohe 2120 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 by remote teleconference. There was no attendance by the tenant Samantha Stoddart.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord also provided an updated rent ledger during the hearing. Having sighted this evidence I am satisfied that the tenants are responsible for this debt.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Rent is at least 21 days in arrears at the hearing date.
I am satisfied the tenants 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 tenants breach 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.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 5046648 — Rent arrears at Unit/Flat 3, 76 Victoria Street, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 5046648 — Rent arrears at Unit/Flat 3, 76 Victoria Street, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions