How much money was awarded in case 5086048?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,186.42 awarded to landlord

What type of tenancy dispute was case 5086048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5086048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11477588-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5086048?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,186.42 awarded to landlord

What type of tenancy dispute was case 5086048?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5086048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11477588-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5086048 — Rent arrears

Q: What was Tenancy Tribunal case 5086048 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 5086048. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 23/2/25	$1,186.42		Rent arrears to 23/2/25
Filing fee reimbursement	$27.00		Filing fee reimbursement

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

The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 6.00 pm on Friday 7 March 2025.

The Bond Centre is to pay the bond of $1,213.42 ([Bond number suppressed]) to [The landlord/s] immediately as calculated as shown in the table below:

The balance of the bond is to remain held by the Bond Centre

Reasons

Both parties attended the hearing by MS Teams.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

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. 1

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.

The landlord served notices to remedy a breach on the tenant on 20 November 2024. The tenant did not remedy the breach. Inequitable to refuse to terminate a tenancy.

In Vincent Dean Huff v City Central Property Management 2 , the Court needed to consider the extent of section 56(1)(c), which requires consideration of whether the breach:...”is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy”. The Court set out a range of factors that would be relevant in that case, being: a. The history of the tenancy. b. Whether there had been a persistent failure after repeated warnings. c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future. d. Whether the breach was inadvertent or deliberately committed. e. The conduct of the landlord. f. The gravity of the breach. g. Whether termination is a proportionate response to the breach.

I consider it would be inequitable to refuse to terminate the tenancy as the tenant has been in rent arrears for several months and was in rent arrears at the date of the hearing. The tenant was unable to confidently provide any way she might rectify the rent arrears and agreed the tenancy should end. The issue was largely the date of termination and the amount of rent arrears due. By agreement the termination date is 7 March 2025.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing as at 23/2/25. The rent arrears were undisputed by the tenant. As the tenant’s has a WINZ redirection for rent the landlord did not seek a rent arrears order to the termination date. Filing fee 1 See section 56(1) Residential Tenancies Act 1986 2 Vincent Dean Huff v City Central Property [2020] NZDC 19229 (Judge Rowe)

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

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. 3

The landlord was wholly successful in their application; therefore, I make an order for name suppression for the landlord.

The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 4

In having regards to the tenant’s interests, the level of rent arrears (which the tenant acknowledged), the tenant’s helpful conduct at the hearing and the public interest, I make an order suppressing the tenant’s name.

Claims and awards in Tenancy Tribunal application 5086048. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 23/2/25	$1,186.42		Rent arrears to 23/2/25
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 6.00 pm on Friday 7 March 2025.
The Bond Centre is to pay the bond of $1,213.42 ([Bond number suppressed]) to [The landlord/s] immediately as calculated as shown in the table below:
The balance of the bond is to remain held by the Bond Centre

Reasons

Both parties attended the hearing by MS Teams.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, refund of the bond and reimbursement of the filing fee.

Should the tenancy be terminated?

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. 1
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.
The landlord served notices to remedy a breach on the tenant on 20 November 2024. The tenant did not remedy the breach. Inequitable to refuse to terminate a tenancy.
In Vincent Dean Huff v City Central Property Management 2 , the Court needed to consider the extent of section 56(1)(c), which requires consideration of whether the breach:...”is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy”. The Court set out a range of factors that would be relevant in that case, being: a. The history of the tenancy. b. Whether there had been a persistent failure after repeated warnings. c. Whether the history of breaches was such it was unlikely the tenant would comply with their obligations in the future. d. Whether the breach was inadvertent or deliberately committed. e. The conduct of the landlord. f. The gravity of the breach. g. Whether termination is a proportionate response to the breach.
I consider it would be inequitable to refuse to terminate the tenancy as the tenant has been in rent arrears for several months and was in rent arrears at the date of the hearing. The tenant was unable to confidently provide any way she might rectify the rent arrears and agreed the tenancy should end. The issue was largely the date of termination and the amount of rent arrears due. By agreement the termination date is 7 March 2025.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing as at 23/2/25. The rent arrears were undisputed by the tenant. As the tenant’s has a WINZ redirection for rent the landlord did not seek a rent arrears order to the termination date. Filing fee 1 See section 56(1) Residential Tenancies Act 1986 2 Vincent Dean Huff v City Central Property [2020] NZDC 19229 (Judge Rowe)
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
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. 3
The landlord was wholly successful in their application; therefore, I make an order for name suppression for the landlord.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 4
In having regards to the tenant’s interests, the level of rent arrears (which the tenant acknowledged), the tenant’s helpful conduct at the hearing and the public interest, I make an order suppressing the tenant’s name.

Tenancy Tribunal case 5086048 — Rent arrears

At a glance

Tenancy Tribunal case 5086048 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions