How much money was awarded in case 5141709?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,210.83 awarded to landlord; Water Rates: $401.27 awarded to landlord

What type of tenancy dispute was case 5141709?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5141709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11667205-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5141709?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,210.83 awarded to landlord; Water Rates: $401.27 awarded to landlord

What type of tenancy dispute was case 5141709?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5141709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11667205-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5141709 — Rent arrears

Q: What was Tenancy Tribunal case 5141709 about?

The tribunal order states: The Tribunal orders suppression of the Tenant’s name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 5141709 — net $1,639.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (by consent	$1,210.83	Rent arrears (by consent
Water rates (by consent	$401.27	Water rates (by consent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,639.10
Total payable by Tenant to Landlord	$1,639.10

The Tribunal orders suppression of the Tenant’s name and identifying details.

[The tenant/s] owes South United Limited As Agent For Atwal Group Ltd $1,639.10 (“the debt”), as calculated below:

[The tenant/s] must pay the debt by monthly payments of $350.00 with the first payment on Saturday 10 May 2025, and continuing on the 10 th of each month thereafter until the debt is paid in full.

[The tenant/s] will continue to pay weekly rent of $570.00 when it falls due.

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

If the tenant fails to pay rent, rent arrears and water arrears within 2 working days of the due dates: 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 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 which was held by teleconference.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt 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 (“RTA”).

The landlord issued a 14-day notice to the tenant on 20 January 2025, advising that the tenant was in arrears of $1,549.29 in rent and owed $340.75 in water rates. The notice required the tenant to remedy the breach by 3 February 2025. The landlord filed this application on 21 January 2025 under section 56, seeking termination of the tenancy.

At the hearing, the landlord confirmed that the tenant had not remedied the arrears within the 14-day period. He provided an updated rent summary and a summary of accounts outstanding. As at the date of the hearing, the tenant remained in arrears, owing $1,210.83 in rent and $401.27 in water rates.

The tenant acknowledged at the hearing that the arrears remained unpaid and explained that the debt had accrued due to issues he experienced with the Ministry of Social Development. The tenant did not dispute the amounts claimed.

While section 56(1) provides that a landlord may apply for termination where the tenant has failed to remedy a breach after being given notice, the Tribunal also has discretion under section 56(2) to decline to make an order for possession if it would be inequitable in all the circumstances.

In this case, the tenant expressed a willingness to resolve the arrears and proposed a payment plan. After discussion, the tenant and landlord agreed that the arrears would be repaid in instalments of $350 per month, commencing on 10 May 2025 and continuing on the 10th of each month until the outstanding balance is paid in full.

I accept this agreement as a reasonable and constructive resolution. Although the breach was not remedied within the original 14-day period, the tenant has shown a willingness to address the debt and the landlord is amenable to a structured repayment plan. On that basis, I find it would be inequitable to terminate the tenancy at this time. I have granted a conditional termination. See section 78(3) RTA.

The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent and water obligations as they fall due. 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.

As the landlord has been wholly successful in proving the breach and obtaining a payment plan for the arrears, I order the tenant to reimburse the filing fee of $20.44 under section 102 of the RTA.

While the landlord has not sought a suppression order under section 95A RTA, I consider that this matter is resolved by agreement between the parties and amounts to a consent order. In the interests of fairness and privacy, and given the tenant’s willingness to resolve the matter, I consider it reasonable that the tenant’s name and identifying details be suppressed.

Claims and awards in Tenancy Tribunal application 5141709 — net $1,639.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (by consent	$1,210.83	Rent arrears (by consent
Water rates (by consent	$401.27	Water rates (by consent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,639.10
Total payable by Tenant to Landlord	$1,639.10

Order

The Tribunal orders suppression of the Tenant’s name and identifying details.
[The tenant/s] owes South United Limited As Agent For Atwal Group Ltd $1,639.10 (“the debt”), as calculated below:
[The tenant/s] must pay the debt by monthly payments of $350.00 with the first payment on Saturday 10 May 2025, and continuing on the 10 th of each month thereafter until the debt is paid in full.
[The tenant/s] will continue to pay weekly rent of $570.00 when it falls due.
Payments will be allocated in the following order: rent, rent arrears, water arrears and the filing fee.
If the tenant fails to pay rent, rent arrears and water arrears within 2 working days of the due dates: 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 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 which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt 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 (“RTA”).
The landlord issued a 14-day notice to the tenant on 20 January 2025, advising that the tenant was in arrears of $1,549.29 in rent and owed $340.75 in water rates. The notice required the tenant to remedy the breach by 3 February 2025. The landlord filed this application on 21 January 2025 under section 56, seeking termination of the tenancy.
At the hearing, the landlord confirmed that the tenant had not remedied the arrears within the 14-day period. He provided an updated rent summary and a summary of accounts outstanding. As at the date of the hearing, the tenant remained in arrears, owing $1,210.83 in rent and $401.27 in water rates.
The tenant acknowledged at the hearing that the arrears remained unpaid and explained that the debt had accrued due to issues he experienced with the Ministry of Social Development. The tenant did not dispute the amounts claimed.
While section 56(1) provides that a landlord may apply for termination where the tenant has failed to remedy a breach after being given notice, the Tribunal also has discretion under section 56(2) to decline to make an order for possession if it would be inequitable in all the circumstances.
In this case, the tenant expressed a willingness to resolve the arrears and proposed a payment plan. After discussion, the tenant and landlord agreed that the arrears would be repaid in instalments of $350 per month, commencing on 10 May 2025 and continuing on the 10th of each month until the outstanding balance is paid in full.
I accept this agreement as a reasonable and constructive resolution. Although the breach was not remedied within the original 14-day period, the tenant has shown a willingness to address the debt and the landlord is amenable to a structured repayment plan. On that basis, I find it would be inequitable to terminate the tenancy at this time. I have granted a conditional termination. See section 78(3) RTA.
The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent and water obligations as they fall due. 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.
As the landlord has been wholly successful in proving the breach and obtaining a payment plan for the arrears, I order the tenant to reimburse the filing fee of $20.44 under section 102 of the RTA.
While the landlord has not sought a suppression order under section 95A RTA, I consider that this matter is resolved by agreement between the parties and amounts to a consent order. In the interests of fairness and privacy, and given the tenant’s willingness to resolve the matter, I consider it reasonable that the tenant’s name and identifying details be suppressed.

Tenancy Tribunal case 5141709 — Rent arrears

At a glance

Tenancy Tribunal case 5141709 — 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