How much money was awarded in case 5113049?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,160.29 awarded to landlord

What type of tenancy dispute was case 5113049?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5113049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11294244-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5113049?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,160.29 awarded to landlord

What type of tenancy dispute was case 5113049?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5113049?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11294244-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5113049 — Rent arrears

Q: What was Tenancy Tribunal case 5113049 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 5113049 — net $1,187.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/1/2025	$1,160.29	Rent arrears to 14/1/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,187.29
Total payable by Tenant to Landlord	$1,187.29

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

The tenancy of Simone Velia Murphy at [Tenancy address suppressed] is terminated on the basis of rent arrears, and possession is granted to [The landlord/s], a 11.59pm on 14 January 2025.

Simone Velia Murphy must pay [The landlord/s] $1,187.29 immediately, calculated as shown in the table below:

The application for termination on the basis of antisocial behaviour is dismissed.

Reasons

The hearing was conducted remotely. Ms M represented the landlord. Two attempts were made to contact the tenant by phone, but these were unsuccessful. The hearing proceeded in her absence.

The landlord has applied for termination of the tenancy on the grounds of rent arrears and antisocial behaviour. Termination for rent arrears

Section 55(1)(a) Residential Tenancies Act 1986 states: Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (a) the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear;

Subsection (2) as referred to above, states:

The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).

At the date of application, the rent was at least 21 days in arrears, being $2510.57. The landlord acknowledges that a lump sum payment of $1574.00 was made on 2 December 2024 and that it appears a redirection order is now in place for current rent. There is however a balance of $1160.29 outstanding for rent arrears and the landlord wishes that to be cleared.

As the rent was more than 21 days in arrears at the date of the application the Act requires me to terminate the tenancy. The grounds are not met to decline to terminate the tenancy under Section 55(2).

The landlord encourages the tenant to contact them to discuss the current situation. Termination for anti-social behaviour

The landlord has also applied to the Tribunal for an order terminating the tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.

In my preparation for the hearing, I overlooked that this was a fixed term tenancy rather than a periodic tenancy and had proceeded on the basis that an application by the landlord under Section 55A was open to them. I apologise for this oversight. I indicated to the landlord I would be dismissing their application under this ground as the Notices served on the tenant did not comply with the provisions of the Act.

Section 55A(1) states: A landlord under a periodic tenancy may apply to the Tribunal for an order terminating the tenancy on the ground of anti-social behaviour.

As the current tenancy is a fixed term from 14 August 2024 to 14 August 2025 an application under Section 55A for anti-social behaviour is not open to the landlord and their application is therefore dismissed on this basis.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5113049 — net $1,187.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/1/2025	$1,160.29	Rent arrears to 14/1/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,187.29
Total payable by Tenant to Landlord	$1,187.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
The tenancy of Simone Velia Murphy at [Tenancy address suppressed] is terminated on the basis of rent arrears, and possession is granted to [The landlord/s], a 11.59pm on 14 January 2025.
Simone Velia Murphy must pay [The landlord/s] $1,187.29 immediately, calculated as shown in the table below:
The application for termination on the basis of antisocial behaviour is dismissed.

Reasons

The hearing was conducted remotely. Ms M represented the landlord. Two attempts were made to contact the tenant by phone, but these were unsuccessful. The hearing proceeded in her absence.
The landlord has applied for termination of the tenancy on the grounds of rent arrears and antisocial behaviour. Termination for rent arrears
Section 55(1)(a) Residential Tenancies Act 1986 states: Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (a) the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear;
Subsection (2) as referred to above, states:
The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).
At the date of application, the rent was at least 21 days in arrears, being $2510.57. The landlord acknowledges that a lump sum payment of $1574.00 was made on 2 December 2024 and that it appears a redirection order is now in place for current rent. There is however a balance of $1160.29 outstanding for rent arrears and the landlord wishes that to be cleared.
As the rent was more than 21 days in arrears at the date of the application the Act requires me to terminate the tenancy. The grounds are not met to decline to terminate the tenancy under Section 55(2).
The landlord encourages the tenant to contact them to discuss the current situation. Termination for anti-social behaviour
The landlord has also applied to the Tribunal for an order terminating the tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.
In my preparation for the hearing, I overlooked that this was a fixed term tenancy rather than a periodic tenancy and had proceeded on the basis that an application by the landlord under Section 55A was open to them. I apologise for this oversight. I indicated to the landlord I would be dismissing their application under this ground as the Notices served on the tenant did not comply with the provisions of the Act.
Section 55A(1) states: A landlord under a periodic tenancy may apply to the Tribunal for an order terminating the tenancy on the ground of anti-social behaviour.
As the current tenancy is a fixed term from 14 August 2024 to 14 August 2025 an application under Section 55A for anti-social behaviour is not open to the landlord and their application is therefore dismissed on this basis.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5113049 — Rent arrears

At a glance

Tenancy Tribunal case 5113049 — 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