What was the outcome of Tenancy Tribunal case 5093928?

The tribunal order states: Jessie Banks owes Property Brokers Limited As Agent For Georgina Ann

How much money was awarded in case 5093928?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,732.71 awarded to landlord

What type of tenancy dispute was case 5093928?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5093928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11477773-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5093928?

The tribunal order states: Jessie Banks owes Property Brokers Limited As Agent For Georgina Ann

How much money was awarded in case 5093928?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,732.71 awarded to landlord

What type of tenancy dispute was case 5093928?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5093928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11477773-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 406 Omahu Road, Frimley, Hastings 4120 Tenancy Tribunal Case 5093928 — Rent arrears

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Unit/Flat 2, 406 Omahu Road, Frimley, Hastings 4120 Tenancy Tribunal Case 5093928 — 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 5093928 — net $1,759.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/2/25	$1,732.71	Rent arrears to 27/2/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,759.71
Total payable by Tenant to Landlord	$1,759.71

Claims and awards for application 5093928 — net $1,759.71 NZD. Verify on MoJ.

Rent arrears to 27/2/25

Amount: $1,732.71
Awarded to: Landlord
Reason: Rent arrears to 27/2/25

Filing fee reimbursement

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

Net award

Landlord $1,759.71

Total payable by Tenant to Landlord

Landlord $1,759.71

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Jessie Banks owes Property Brokers Limited As Agent For Georgina Ann Whyte $1,759.71 (“the debt”) in accordance with the following table:
Jessie Banks must pay rent and the debt as follows: a. By paying $590 for weekly rent on or before Friday 28 February 2025. b. By paying $1,759.71 for the debt on or before Thursday 6 March 2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If Jessie Banks fails to pay rent arrears within 2 working days of 6 March 2025: a. The tenancy at Unit/Flat 2, 406 Omahu Road, Frimley, Hastings 4120 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If Jessie Banks fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing.
There was no appearance for Mr Banks, and he did not answer the call made to his phone during the hearing. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for a conditional termination of the tenancy based on rent arrears.

Should a conditional termination order be made?

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. See section 56(1) RTA.
Mr Banks has breached his obligations by failing to pay rent in accordance with his tenancy agreement. On 3 December 2024 the landlord served a 14-day notice on Mr Banks, but the breach was not remedied within the required period.
However, given the level of arrears and landlord’s application, it is appropriate to provide Mr Banks with one further opportunity to remedy the situation before the tenancy is ended. Accordingly, I have granted a conditional termination order as sought. See section 78(3) RTA.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) RTA.
Because Property Brokers Limited As Agent For Georgina Ann Whyte 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 5093928 — net $1,759.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/2/25	$1,732.71	Rent arrears to 27/2/25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,759.71
Total payable by Tenant to Landlord	$1,759.71

Claims and awards for application 5093928 — net $1,759.71 NZD. Verify on MoJ.

Rent arrears to 27/2/25

Amount: $1,732.71
Awarded to: Landlord
Reason: Rent arrears to 27/2/25

Filing fee reimbursement

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

Net award

Landlord $1,759.71

Total payable by Tenant to Landlord

Landlord $1,759.71

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Jessie Banks owes Property Brokers Limited As Agent For Georgina Ann Whyte $1,759.71 (“the debt”) in accordance with the following table:
Jessie Banks must pay rent and the debt as follows: a. By paying $590 for weekly rent on or before Friday 28 February 2025. b. By paying $1,759.71 for the debt on or before Thursday 6 March 2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If Jessie Banks fails to pay rent arrears within 2 working days of 6 March 2025: a. The tenancy at Unit/Flat 2, 406 Omahu Road, Frimley, Hastings 4120 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If Jessie Banks fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing.
There was no appearance for Mr Banks, and he did not answer the call made to his phone during the hearing. He had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for a conditional termination of the tenancy based on rent arrears.

Should a conditional termination order be made?

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. See section 56(1) RTA.
Mr Banks has breached his obligations by failing to pay rent in accordance with his tenancy agreement. On 3 December 2024 the landlord served a 14-day notice on Mr Banks, but the breach was not remedied within the required period.
However, given the level of arrears and landlord’s application, it is appropriate to provide Mr Banks with one further opportunity to remedy the situation before the tenancy is ended. Accordingly, I have granted a conditional termination order as sought. See section 78(3) RTA.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) RTA.
Because Property Brokers Limited As Agent For Georgina Ann Whyte has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5093928 — Rent arrears at Unit/Flat 2, 406 Omahu Road, Frimley, Hastings 4120

At a glance

Tenancy Tribunal case 5093928 — Rent arrears at Unit/Flat 2, 406 Omahu Road, Frimley, Hastings 4120

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