What was Tenancy Tribunal case 5073268 about?

The tribunal order states: The Tribunal orders suppression of the landlord’s and tenant’s name and

How much money was awarded in case 5073268?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $800.00 awarded to landlord

What type of tenancy dispute was case 5073268?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5073268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11282772-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5073268 about?

The tribunal order states: The Tribunal orders suppression of the landlord’s and tenant’s name and

How much money was awarded in case 5073268?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $800.00 awarded to landlord

What type of tenancy dispute was case 5073268?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5073268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11282772-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5073268 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5073268 — net $807.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 November 2024	$800.00	Rent arrears to 29 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$807.00
Total payable by Tenant to Landlord	$807.00

The Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

The Bond Centre is to pay the bond of $20.00 ([Bond number suppressed]) to [The landlord/s] immediately.

[The tenant/s] must pay [The landlord/s] $807.00 immediately, calculated as shown in the table below:

Reasons

[ Redacted] appeared for the landlord. There was no appearance by the tenant.

The tenancy commenced on 25 October 2024 and is periodic. On 17 November 2024, the landlord filed an application seeking termination for rent arrears, rent arrears, refund of the bond, and reimbursement of the filing fee.

The landlord’s application is made under section 55(1) and section 56 (1) of the Residential Tenancies Act 1986 (The “Act”). Law

Section 55(1) provides that the Tribunal must terminate the tenancy where the rent was at least 21 days in arrears on the date the application was filed.

Under section 56(1) 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.

If a landlord applies to terminate for a 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) of the Act. Decision

The rent was not at least 21 days in arrears at the date the application was filed on 17 November 2024. However, a 14-day breach notice for rent arrears issued on 31 October 2024 was not remedied. Additionally, as of today’s date, the rent is more than 21 days in arrears. The rent summary produced shows that the tenant has only made one rent payment of $200.00 on 06 November 2024.

The tenancy is terminated, and possession granted to the landlord immediately.

Although the landlord is entitled to claim rent to the end of the tenancy, they only seek rent up to 29 November 2024. Costs

As the landlord has been successful, I order reimbursement of the filing fee. Name suppression.

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

The landlord has been substantially successful and is granted name suppression.

The landlord provides accommodation to vulnerable members of society and has requested that the Tribunal consider suppressing the tenant’s name.

Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

While I am satisfied that the facts and reasoning of this decision are in the public interest, I am not satisfied that this interest necessarily extends to the name of the tenant. Upon careful consideration, I am satisfied that there are sufficient grounds to depart from the principle of open justice and exercise the discretion in section 95A (4). The Tribunal also orders suppression of the tenant’s name.

Claims and awards in Tenancy Tribunal application 5073268 — net $807.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29 November 2024	$800.00	Rent arrears to 29 November 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$807.00
Total payable by Tenant to Landlord	$807.00

Order

The Tribunal orders suppression of the landlord’s and tenant’s name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $20.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $807.00 immediately, calculated as shown in the table below:

Reasons

[ Redacted] appeared for the landlord. There was no appearance by the tenant.
The tenancy commenced on 25 October 2024 and is periodic. On 17 November 2024, the landlord filed an application seeking termination for rent arrears, rent arrears, refund of the bond, and reimbursement of the filing fee.
The landlord’s application is made under section 55(1) and section 56 (1) of the Residential Tenancies Act 1986 (The “Act”). Law
Section 55(1) provides that the Tribunal must terminate the tenancy where the rent was at least 21 days in arrears on the date the application was filed.
Under section 56(1) 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.
If a landlord applies to terminate for a 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) of the Act. Decision
The rent was not at least 21 days in arrears at the date the application was filed on 17 November 2024. However, a 14-day breach notice for rent arrears issued on 31 October 2024 was not remedied. Additionally, as of today’s date, the rent is more than 21 days in arrears. The rent summary produced shows that the tenant has only made one rent payment of $200.00 on 06 November 2024.
The tenancy is terminated, and possession granted to the landlord immediately.
Although the landlord is entitled to claim rent to the end of the tenancy, they only seek rent up to 29 November 2024. Costs
As the landlord has been successful, I order reimbursement of the filing fee. Name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.
The landlord provides accommodation to vulnerable members of society and has requested that the Tribunal consider suppressing the tenant’s name.
Section 95A (4) of the Act allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
While I am satisfied that the facts and reasoning of this decision are in the public interest, I am not satisfied that this interest necessarily extends to the name of the tenant. Upon careful consideration, I am satisfied that there are sufficient grounds to depart from the principle of open justice and exercise the discretion in section 95A (4). The Tribunal also orders suppression of the tenant’s name.

Tenancy Tribunal case 5073268 — Rent arrears

At a glance

Tenancy Tribunal case 5073268 — 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