How much money was awarded in case 5117392?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,640.00 awarded to landlord

What type of tenancy dispute was case 5117392?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5117392?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11451969-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5117392?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,640.00 awarded to landlord

What type of tenancy dispute was case 5117392?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5117392?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11451969-Tribunal_Order_Redacted.pdf.

34B Bennett Street, Papanui, Christchurch 8053 Tenancy Tribunal Case 5117392 — Rent arrears

Q: What was Tenancy Tribunal case 5117392 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 5117392 — net $3,667.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20 February 2024	$3,640.00	Rent arrears (to 20 February 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,667.00
Total payable by Tenant to Landlord	$3,667.00

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

Thomas Carmichael and Louise Keates owes [The landlord/s] $3,667.00 (“the debt”), as shown in the table below. DescriptionLandlord Rent arrears (to 20 February 2024)$3,640.00 Filing fee reimbursement$27.00 Total award$3,667.00 Total payable by Tenant to Landlord$3,667.00

Thomas Carmichael and Louise Keates must pay rent and the debt as follows: a. Payments of current weekly rent of $520.00 every Thursday, with the first payment on 20/02/2025 and continuing until 13/03/25; and b. Three weekly payments of $1,040.00 for the debt; and c. A final payment of $547.00 for the debt. d. Payments of the debt will be every Wednesday, with the first payment on 19/02/2025 and continuing until 12/03/2025;

Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 34B Bennett Street, Papanui, Christchurch 8053 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing by video.

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

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.

In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds for termination have been established. However, having heard the evidence I am satisfied the tenant 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.

The landlord agreed to that approach, having regard to the tenant’s circumstances and the short timeframe for payment of the debt.

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) Residential Tenancies Act 1986.

As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee and granted its request for suppression.

Claims and awards in Tenancy Tribunal application 5117392 — net $3,667.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 20 February 2024	$3,640.00	Rent arrears (to 20 February 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,667.00
Total payable by Tenant to Landlord	$3,667.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Thomas Carmichael and Louise Keates owes [The landlord/s] $3,667.00 (“the debt”), as shown in the table below. DescriptionLandlord Rent arrears (to 20 February 2024)$3,640.00 Filing fee reimbursement$27.00 Total award$3,667.00 Total payable by Tenant to Landlord$3,667.00
Thomas Carmichael and Louise Keates must pay rent and the debt as follows: a. Payments of current weekly rent of $520.00 every Thursday, with the first payment on 20/02/2025 and continuing until 13/03/25; and b. Three weekly payments of $1,040.00 for the debt; and c. A final payment of $547.00 for the debt. d. Payments of the debt will be every Wednesday, with the first payment on 19/02/2025 and continuing until 12/03/2025;
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 34B Bennett Street, Papanui, Christchurch 8053 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing by video.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

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.
In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
The grounds for termination have been established. However, having heard the evidence I am satisfied the tenant 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.
The landlord agreed to that approach, having regard to the tenant’s circumstances and the short timeframe for payment of the debt.
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) Residential Tenancies Act 1986.
As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee and granted its request for suppression.

Tenancy Tribunal case 5117392 — Rent arrears at 34B Bennett Street, Papanui, Christchurch 8053

At a glance

Tenancy Tribunal case 5117392 — Rent arrears at 34B Bennett Street, Papanui, Christchurch 8053

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