What was the outcome of Tenancy Tribunal case 5060730?

The tribunal order states: The tenancy of Brownie Heurea at 147B Dixon Street, Te Aro, Wellington 6011

How much money was awarded in case 5060730?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,473.00 awarded to landlord

What type of tenancy dispute was case 5060730?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11200548-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5060730?

The tribunal order states: The tenancy of Brownie Heurea at 147B Dixon Street, Te Aro, Wellington 6011

How much money was awarded in case 5060730?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,473.00 awarded to landlord

What type of tenancy dispute was case 5060730?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11200548-Tenancy_Tribunal_Order.pdf.

147B Dixon Street, Te Aro, Wellington 6011 Tenancy Tribunal Case 5060730 — Rent arrears

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147B Dixon Street, Te Aro, Wellington 6011 Tenancy Tribunal Case 5060730 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5060730 — net $1,500.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 December 2024	$1,473.00	Rent arrears to 11 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,500.00
Bond	$1,500.00
Total payable by Tenant to Landlord	$1,500.00

Claims and awards for application 5060730 — net $1,500.00 NZD. Verify on MoJ.

Rent arrears to 11 December 2024

Amount: $1,473.00
Awarded to: Landlord
Reason: Rent arrears to 11 December 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,500.00

Bond

Landlord $1,500.00

Total payable by Tenant to Landlord

Landlord $1,500.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Brownie Heurea at 147B Dixon Street, Te Aro, Wellington 6011 is terminated, and possession is granted to Rentcare Property Management Limited, at 11.59 pm on Sunday 5 January 2025.
The Bond Centre is to pay $1,500.00 from the bond of $$1,860.00 (3495459- 022) to Rentcare Property Management Limited immediately.
The balance of the bond of $360.00 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond.
In the first instance the landlord has requested a conditional 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.
To order a conditional termination, I must be satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach.
The tenant has stated that Work and Income New Zealand (“WINZ”) has informed him that he is not able to access any further entitlements. Because of this and because he has automatic payments coming out of his account, Mr Heurea states he cannot afford to pay any more rent arrears than the $10.00 per week that he is currently paying.
Because this would mean that a conditional order would continue to be in place for almost three years before the rent arrears was fully paid off, and because of Mr Heurea’s poor payment history, I cannot be satisfied the Mr Heurea is unlikely to commit any further rent breach.
I decline to order a conditional termination.
The landlord is aware that a payment plan can be set up by way of referring an application to mediation, or by seeking enforcement of a monetary order. However, the landlord indicated that today they are seeking termination of the tenancy.
Because rent was at least 21 days in arrears on the date the application was filed, I must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing as of today’s date is $1,473.00.
Because Rentcare Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5060730 — net $1,500.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 December 2024	$1,473.00	Rent arrears to 11 December 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,500.00
Bond	$1,500.00
Total payable by Tenant to Landlord	$1,500.00

Claims and awards for application 5060730 — net $1,500.00 NZD. Verify on MoJ.

Rent arrears to 11 December 2024

Amount: $1,473.00
Awarded to: Landlord
Reason: Rent arrears to 11 December 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,500.00

Bond

Landlord $1,500.00

Total payable by Tenant to Landlord

Landlord $1,500.00

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

The tenancy of Brownie Heurea at 147B Dixon Street, Te Aro, Wellington 6011 is terminated, and possession is granted to Rentcare Property Management Limited, at 11.59 pm on Sunday 5 January 2025.
The Bond Centre is to pay $1,500.00 from the bond of $$1,860.00 (3495459- 022) to Rentcare Property Management Limited immediately.
The balance of the bond of $360.00 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond.
In the first instance the landlord has requested a conditional 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.
To order a conditional termination, I must be satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach.
The tenant has stated that Work and Income New Zealand (“WINZ”) has informed him that he is not able to access any further entitlements. Because of this and because he has automatic payments coming out of his account, Mr Heurea states he cannot afford to pay any more rent arrears than the $10.00 per week that he is currently paying.
Because this would mean that a conditional order would continue to be in place for almost three years before the rent arrears was fully paid off, and because of Mr Heurea’s poor payment history, I cannot be satisfied the Mr Heurea is unlikely to commit any further rent breach.
I decline to order a conditional termination.
The landlord is aware that a payment plan can be set up by way of referring an application to mediation, or by seeking enforcement of a monetary order. However, the landlord indicated that today they are seeking termination of the tenancy.
Because rent was at least 21 days in arrears on the date the application was filed, I must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing as of today’s date is $1,473.00.
Because Rentcare Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5060730 — Rent arrears at 147B Dixon Street, Te Aro, Wellington 6011

At a glance

Tenancy Tribunal case 5060730 — Rent arrears at 147B Dixon Street, Te Aro, Wellington 6011

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