How much money was awarded in case 5079813?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,905.71 awarded to landlord

What type of tenancy dispute was case 5079813?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5079813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11301476-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5079813?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,905.71 awarded to landlord

What type of tenancy dispute was case 5079813?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5079813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11301476-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5079813 — Rent arrears

Q: What was Tenancy Tribunal case 5079813 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 5079813 — net $732.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent to 19/1/25	$2,905.71	Rent arrears and rent to 19/1/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$732.71
Total payable by Tenant to Landlord	$732.71

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

The tenancy of Deborah Cash and Tenealle Candy at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at

00pm on Sunday 19 January 2025.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Deborah Cash and Tenealle Candy must pay [The landlord/s] $732.71 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.

The landlord attended by video call and Ms Cash attended by phone on behalf of both tenants.

The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

The landlord served notices on 21 October 2024, 4 November 2024 and 13 November 2024. The rent statement does show that rent was at least 5 working days in arrears when the notices were served.

However, I find the landlord has not served notices on the tenant as required in the Residential Tenancies Act 1986 as notices do not accurately record the dates and amount of rent that was overdue in that they refer to the rent arrears for working days only.

At the hearing the landlord sought termination as the rent was more than 21 days in arrears. Rent was at least 21 days in arrears on the date of the hearing. Accordingly, the tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. Conditional termination order

A conditional termination order was discussed at the hearing however the landlord’s position was that the tenant is likely to incur further rent arrears. I could not be satisfied that the tenant would pay the rent arrears within a specified period or that the tenant would not incur further arrears. Rent arrears

The landlord provided rent records which prove the amount owing to 16 January 2025 is $2,614.29 and I have made an order for rent to be paid to the termination date. Bond

The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression

The landlord sought suppression and as the application is successful, I have made an order accordingly.

The tenant sought name suppression however having regard to the interests of the parties and the public interest in these decisions I do not order name suppression for the tenant.

Claims and awards in Tenancy Tribunal application 5079813 — net $732.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent to 19/1/25	$2,905.71	Rent arrears and rent to 19/1/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$732.71
Total payable by Tenant to Landlord	$732.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy of Deborah Cash and Tenealle Candy at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at
00pm on Sunday 19 January 2025.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Deborah Cash and Tenealle Candy must pay [The landlord/s] $732.71 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing.
The landlord attended by video call and Ms Cash attended by phone on behalf of both tenants.
The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
The landlord served notices on 21 October 2024, 4 November 2024 and 13 November 2024. The rent statement does show that rent was at least 5 working days in arrears when the notices were served.
However, I find the landlord has not served notices on the tenant as required in the Residential Tenancies Act 1986 as notices do not accurately record the dates and amount of rent that was overdue in that they refer to the rent arrears for working days only.
At the hearing the landlord sought termination as the rent was more than 21 days in arrears. Rent was at least 21 days in arrears on the date of the hearing. Accordingly, the tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. Conditional termination order
A conditional termination order was discussed at the hearing however the landlord’s position was that the tenant is likely to incur further rent arrears. I could not be satisfied that the tenant would pay the rent arrears within a specified period or that the tenant would not incur further arrears. Rent arrears
The landlord provided rent records which prove the amount owing to 16 January 2025 is $2,614.29 and I have made an order for rent to be paid to the termination date. Bond
The bond is to be paid to the landlord immediately to offset the rent arrears. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.
The tenant sought name suppression however having regard to the interests of the parties and the public interest in these decisions I do not order name suppression for the tenant.

Tenancy Tribunal case 5079813 — Rent arrears

At a glance

Tenancy Tribunal case 5079813 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions