What was Tenancy Tribunal case 5116688 about?

The tribunal order states: Jade Rose Evans, Rylee Cadria Billington, James Dean Wright-Sutton, Ihaka

How much money was awarded in case 5116688?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,523.43 awarded to landlord

What type of tenancy dispute was case 5116688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5116688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11453301-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5116688 about?

The tribunal order states: Jade Rose Evans, Rylee Cadria Billington, James Dean Wright-Sutton, Ihaka

How much money was awarded in case 5116688?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,523.43 awarded to landlord

What type of tenancy dispute was case 5116688?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5116688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11453301-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5116688 — Rent arrears

Claims and awards in Tenancy Tribunal application 5116688 — net $2,550.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 February 2025	$2,523.43	Rent arrears to 28 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,550.43
Total payable by Tenant to Landlord	$2,550.43

Order

Jade Rose Evans, Rylee Cadria Billington, James Dean Wright-Sutton, Ihaka Paul Rademakers-Hyslop and Shelby Taylor Thorne owes [The landlord/s] $2,550.43 (“the debt”), per the table below:
Jade Rose Evans, Rylee Cadria Billington, James Dean Wright-Sutton, Ihaka Paul Rademakers-Hyslop and Shelby Taylor Thorne must the debt in full, and remove all general rubbish from the exterior of the premises, on or before Friday 28 February 2025.
Payments towards the debt will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay the debt within one working day of the due date: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenants fail to remove the general rubbish from exterior of the premises by 5pm Friday 28 February 2025 the tenancy will terminate and the landlord will have immediate possession of the premises.
If the tenant fails to pay the filing fee within one working day of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended this continuation hearing, conducted via teleconference. Jade Evans joined. The other tenants could not be contacted although Jade was in messaging contact with at least one of the others during the tenancy. The other were understood to be at work.
James Dean Wright-Sutton was removed from the tenancy previously by order but he remains a respondent in this order due to some of the rent arrears being from during his tenure.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to repay the debt and remedy the general rubbish issue to avoid immediate termination.

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) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent as due and failing to maintain the exterior of the premises in a reasonably tidy condition. On 10 December 2024 the landlord served a 14-day notice on the tenants to pay the rent arrears, but the breach was not remedied within the required period. Three notices (13 December 2024, 29 January 2025, and 7 February 2025) required the tenants to remedy a failure to keep the premises reasonably clean and tidy as required by s 40(1)(c) RTA (external rubbish).
It would be inequitable to refuse to terminate the tenancy as the five tenants since formation have experienced different challenges that have impacted on the overall tenancy as well as the collective requirement to pay rent as due. The rent arrears is not being addressed. The rubbish concerns of the landlord are legitimate. Based on the supporting photos, the rubbish is more than likely to create pest issues, as well as being an eyesore given the public frontage where it sits.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. A work order for the landlord to remove the rubbish of the tenants if they fail to do so is a possible alternative order but, in this instance, given the overall circumstances and a current debt greater than the bond available, it would be unfair on the landlord to make such an order that commits it to further cost with no certainty of recovery.
The conditions in this order are an alternative to a termination on 28 February 2025, as initially foreshadowed. The conditions in this order are an opportunity for the tenants to act as a collective and ensure the full rent arrears and rubbish are addressed. Any liabilities for rent share between the tenants is not something I need address, nor is the landlord obligated to resolve. However, as advised to Jade, there is a dispute resolution pathway through the Disputes Tribunal, if necessary, regarding any failure within the tenants’ contractual relationship.
The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
There appears a willingness from other potential tenants to join the tenancy but that has been hampered to date due to this dispute. An additional tenant will reduce the collective financial stress and completion of the terms in this order will remove the current impediment.
The desire of the landlord and tenants appear for the historic issues to be resolved and this tenancy continue. From here, such an outcome is dependant on the tenant collective. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that 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.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Claims and awards in Tenancy Tribunal application 5116688 — net $2,550.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 February 2025	$2,523.43	Rent arrears to 28 February 2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,550.43
Total payable by Tenant to Landlord	$2,550.43

Order

Jade Rose Evans, Rylee Cadria Billington, James Dean Wright-Sutton, Ihaka Paul Rademakers-Hyslop and Shelby Taylor Thorne owes [The landlord/s] $2,550.43 (“the debt”), per the table below:
Jade Rose Evans, Rylee Cadria Billington, James Dean Wright-Sutton, Ihaka Paul Rademakers-Hyslop and Shelby Taylor Thorne must the debt in full, and remove all general rubbish from the exterior of the premises, on or before Friday 28 February 2025.
Payments towards the debt will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay the debt within one working day of the due date: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenants fail to remove the general rubbish from exterior of the premises by 5pm Friday 28 February 2025 the tenancy will terminate and the landlord will have immediate possession of the premises.
If the tenant fails to pay the filing fee within one working day of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended this continuation hearing, conducted via teleconference. Jade Evans joined. The other tenants could not be contacted although Jade was in messaging contact with at least one of the others during the tenancy. The other were understood to be at work.
James Dean Wright-Sutton was removed from the tenancy previously by order but he remains a respondent in this order due to some of the rent arrears being from during his tenure.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to repay the debt and remedy the general rubbish issue to avoid immediate termination.

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) Residential Tenancies Act 1986.
The tenant breached their obligations by failing to pay rent as due and failing to maintain the exterior of the premises in a reasonably tidy condition. On 10 December 2024 the landlord served a 14-day notice on the tenants to pay the rent arrears, but the breach was not remedied within the required period. Three notices (13 December 2024, 29 January 2025, and 7 February 2025) required the tenants to remedy a failure to keep the premises reasonably clean and tidy as required by s 40(1)(c) RTA (external rubbish).
It would be inequitable to refuse to terminate the tenancy as the five tenants since formation have experienced different challenges that have impacted on the overall tenancy as well as the collective requirement to pay rent as due. The rent arrears is not being addressed. The rubbish concerns of the landlord are legitimate. Based on the supporting photos, the rubbish is more than likely to create pest issues, as well as being an eyesore given the public frontage where it sits.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986. A work order for the landlord to remove the rubbish of the tenants if they fail to do so is a possible alternative order but, in this instance, given the overall circumstances and a current debt greater than the bond available, it would be unfair on the landlord to make such an order that commits it to further cost with no certainty of recovery.
The conditions in this order are an alternative to a termination on 28 February 2025, as initially foreshadowed. The conditions in this order are an opportunity for the tenants to act as a collective and ensure the full rent arrears and rubbish are addressed. Any liabilities for rent share between the tenants is not something I need address, nor is the landlord obligated to resolve. However, as advised to Jade, there is a dispute resolution pathway through the Disputes Tribunal, if necessary, regarding any failure within the tenants’ contractual relationship.
The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
There appears a willingness from other potential tenants to join the tenancy but that has been hampered to date due to this dispute. An additional tenant will reduce the collective financial stress and completion of the terms in this order will remove the current impediment.
The desire of the landlord and tenants appear for the historic issues to be resolved and this tenancy continue. From here, such an outcome is dependant on the tenant collective. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that 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.
The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.

Tenancy Tribunal case 5116688 — Rent arrears

At a glance

Tenancy Tribunal case 5116688 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions