How much money was awarded in case 4561629?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,560.00 awarded to landlord

What type of tenancy dispute was case 4561629?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4561629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9227292-Tribunal_Order.pdf.

How much money was awarded in case 4561629?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,560.00 awarded to landlord

What type of tenancy dispute was case 4561629?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4561629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9227292-Tribunal_Order.pdf.

27 Red Hill Road, Red Hill, Papakura 2110 Tenancy Tribunal Case 4561629 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4561629?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4561629 — net $1,580.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/04/2023	$1,560.00	Rent arrears to 28/04/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,580.44
Total payable by Tenant to Landlord	$1,580.44

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Coraline Robinson and Mikaela St John owes Csi Property Management Limited $1,580.44 (“the debt”).

Coraline Robinson must pay rent and the debt as follows: a. By 7 weekly payments of $980.00, being $780.00 for rent and $200.00 for the debt. b. A final payment of $960.44, being $780.00 for rent and $180.44 for the debt. c. Payments will be every Friday, with the first payment on 04/08/2023 and continuing until 22/09/2023.

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 27 Red Hill Road, Red Hill, Papakura 2110 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.

The Bond Centre must refund $1560.00 bond to Mikaela St John immediately and then remove Mikaela St John’s name from this bond number.

Reasons

All three parties attended the hearing.

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.

The original tenancy agreement was signed by Coraline Robinson and Mikaela St John on 10 March 2023.

On April 28 2023, a tenancy variation was executed by the landlord and the two tenants which removed Mikaela St John from the tenancy and made Coraline Robinson the sole tenant. At this point in time rent was in arrears by $1560.00, or four weeks of half rent. Both tenants agree that the full amount of arrears would be paid by Coraline Robinson. This was communicated to the landlord.

As at today’s hearing this arrears has still not been paid.

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 tenants breached their obligations by failing to pay rent. On 14 April 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the arrears is a substantial amount and has been outstanding for four months.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, 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 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.

One of the tenants, Mikaela St John has applied for the refund of her half of the bond. The landlord has been paid the same amount of money by the remaining tenant, Coraline Robinson to top-up the bond, but he is yet to lodge this money with the Bond Centre.

Because Csi Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4561629 — net $1,580.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/04/2023	$1,560.00	Rent arrears to 28/04/2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,580.44
Total payable by Tenant to Landlord	$1,580.44

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Coraline Robinson and Mikaela St John owes Csi Property Management Limited $1,580.44 (“the debt”).
Coraline Robinson must pay rent and the debt as follows: a. By 7 weekly payments of $980.00, being $780.00 for rent and $200.00 for the debt. b. A final payment of $960.44, being $780.00 for rent and $180.44 for the debt. c. Payments will be every Friday, with the first payment on 04/08/2023 and continuing until 22/09/2023.
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 27 Red Hill Road, Red Hill, Papakura 2110 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.
The Bond Centre must refund $1560.00 bond to Mikaela St John immediately and then remove Mikaela St John’s name from this bond number.

Reasons

All three parties attended the hearing.
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.
The original tenancy agreement was signed by Coraline Robinson and Mikaela St John on 10 March 2023.
On April 28 2023, a tenancy variation was executed by the landlord and the two tenants which removed Mikaela St John from the tenancy and made Coraline Robinson the sole tenant. At this point in time rent was in arrears by $1560.00, or four weeks of half rent. Both tenants agree that the full amount of arrears would be paid by Coraline Robinson. This was communicated to the landlord.
As at today’s hearing this arrears has still not been paid.

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 tenants breached their obligations by failing to pay rent. On 14 April 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the arrears is a substantial amount and has been outstanding for four months.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, 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 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.
One of the tenants, Mikaela St John has applied for the refund of her half of the bond. The landlord has been paid the same amount of money by the remaining tenant, Coraline Robinson to top-up the bond, but he is yet to lodge this money with the Bond Centre.
Because Csi Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4561629 — Rent arrears at 27 Red Hill Road, Red Hill, Papakura 2110

At a glance

Tenancy Tribunal case 4561629 — Rent arrears at 27 Red Hill Road, Red Hill, Papakura 2110

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