What was the outcome of Tenancy Tribunal case 4564633?

The tribunal order states: William Charles Rickit owes Thony Properties Limited $1,620.44 (“the debt”), as

How much money was awarded in case 4564633?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,600.00 awarded to landlord

What type of tenancy dispute was case 4564633?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4564633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9453352-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4564633?

The tribunal order states: William Charles Rickit owes Thony Properties Limited $1,620.44 (“the debt”), as

How much money was awarded in case 4564633?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,600.00 awarded to landlord

What type of tenancy dispute was case 4564633?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4564633?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9453352-Tribunal_Order.pdf.

259 Titirangi Road, Titirangi, Auckland 0604 Tenancy Tribunal Case 4564633 — Rent arrears

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259 Titirangi Road, Titirangi, Auckland 0604 Tenancy Tribunal Case 4564633 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4564633 — net $1,620.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of 28 September 2023	$1,600.00	Rent arrears to the end of 28 September 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,620.44
Total payable by Tenant to Landlord	$1,620.44

Claims and awards for application 4564633 — net $1,620.44 NZD. Verify on MoJ.

Rent arrears to the end of 28 September 2023

Amount: $1,600.00
Awarded to: Landlord
Reason: Rent arrears to the end of 28 September 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,620.44

Total payable by Tenant to Landlord

Landlord $1,620.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

William Charles Rickit owes Thony Properties Limited $1,620.44 (“the debt”), as calculated in the table below: DescriptionLandlord Rent arrears to the end of 28 September 2023$1,600.00 Filing fee reimbursement$20.44 Total award$1,620.44 Total payable by Tenant to Landlord$1,620.44
William Charles Rickit must pay the debt by the end of 9 October 2023:
If the tenant fails to pay the debt within 2 working days of 9 October 2023: a. The tenancy at 259 Titirangi Road, Titirangi, Auckland 0604 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord originally applied for termination of the tenancy, rent and water arrears.
The tenant wants the opportunity to repay the debt to avoid immediate termination. He hopes to obtain MSD assistance for that and I have the impression he has a supportive case officer. The rent arrears
The landlord is pursuing only the rent arrears.
The landlord’s rent summary shows rent arrears of $1,600.00 from 2022; and $1,300.00 for 2023. I do not order any of the 2023 arrears because they arose from a rental increase, which was not clearly communicated to the tenant. I accept the tenant’s evidence that he did not read the last sentence of a paragraph concerning alleged rent arrears, which suddenly changed topic to add that the rent would be increased.
The Tribunal must determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case but is not bound to give effect to strict legal rights or obligations or to legal forms or technicalities. Permitting the rent increase would not be in accordance with the substantial merits of the case. 1 The rent increase “notice” might have been technically correct, but the form of the notice was not clearly communicated to the tenant.
Accordingly, the total arrears are $1,600.00, which is in excess of 21 days rent.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. 2
The landlord consents to the order. I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach given he has MSD support. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the breach. 1 2 Residential Tenancies Act 1986, s 55(1)(a) and (1A). Filing fee
Because Thony Properties Limited has wholly succeeded with the claim the tenant must reimburse the filing fee.
That amount is added to the rent arrears and the total amount is the debt.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4564633 — net $1,620.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to the end of 28 September 2023	$1,600.00	Rent arrears to the end of 28 September 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,620.44
Total payable by Tenant to Landlord	$1,620.44

Claims and awards for application 4564633 — net $1,620.44 NZD. Verify on MoJ.

Rent arrears to the end of 28 September 2023

Amount: $1,600.00
Awarded to: Landlord
Reason: Rent arrears to the end of 28 September 2023

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,620.44

Total payable by Tenant to Landlord

Landlord $1,620.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

William Charles Rickit owes Thony Properties Limited $1,620.44 (“the debt”), as calculated in the table below: DescriptionLandlord Rent arrears to the end of 28 September 2023$1,600.00 Filing fee reimbursement$20.44 Total award$1,620.44 Total payable by Tenant to Landlord$1,620.44
William Charles Rickit must pay the debt by the end of 9 October 2023:
If the tenant fails to pay the debt within 2 working days of 9 October 2023: a. The tenancy at 259 Titirangi Road, Titirangi, Auckland 0604 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord originally applied for termination of the tenancy, rent and water arrears.
The tenant wants the opportunity to repay the debt to avoid immediate termination. He hopes to obtain MSD assistance for that and I have the impression he has a supportive case officer. The rent arrears
The landlord is pursuing only the rent arrears.
The landlord’s rent summary shows rent arrears of $1,600.00 from 2022; and $1,300.00 for 2023. I do not order any of the 2023 arrears because they arose from a rental increase, which was not clearly communicated to the tenant. I accept the tenant’s evidence that he did not read the last sentence of a paragraph concerning alleged rent arrears, which suddenly changed topic to add that the rent would be increased.
The Tribunal must determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case but is not bound to give effect to strict legal rights or obligations or to legal forms or technicalities. Permitting the rent increase would not be in accordance with the substantial merits of the case. 1 The rent increase “notice” might have been technically correct, but the form of the notice was not clearly communicated to the tenant.
Accordingly, the total arrears are $1,600.00, which is in excess of 21 days rent.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. 2
The landlord consents to the order. I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach given he has MSD support. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the breach. 1 2 Residential Tenancies Act 1986, s 55(1)(a) and (1A). Filing fee
Because Thony Properties Limited has wholly succeeded with the claim the tenant must reimburse the filing fee.
That amount is added to the rent arrears and the total amount is the debt.

Tenancy Tribunal case 4564633 — Rent arrears at 259 Titirangi Road, Titirangi, Auckland 0604

At a glance

Tenancy Tribunal case 4564633 — Rent arrears at 259 Titirangi Road, Titirangi, Auckland 0604

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