What was the outcome of Tenancy Tribunal case 4607931?

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

How much money was awarded in case 4607931?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $760.00 awarded to landlord

What type of tenancy dispute was case 4607931?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4607931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9240926-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4607931?

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

How much money was awarded in case 4607931?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $760.00 awarded to landlord

What type of tenancy dispute was case 4607931?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4607931?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9240926-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 7 Willard Street, Spreydon, Christchurch 8024 Tenancy Tribunal Case 4607931 — Rent arrears

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Unit/Flat A, 7 Willard Street, Spreydon, Christchurch 8024 Tenancy Tribunal Case 4607931 — 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 4607931 — net $0.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 July 2023	$760.00	Rent arrears to 31 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$0.44
Total payable by Tenant to Landlord	$0.44

Claims and awards for application 4607931 — net $0.44 NZD. Verify on MoJ.

Rent arrears to 31 July 2023

Amount: $760.00
Awarded to: Landlord
Reason: Rent arrears to 31 July 2023

Filing fee reimbursement

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

Net award

Landlord $0.44

Total payable by Tenant to Landlord

Landlord $0.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Samuel Haira at Unit/Flat A, 7 Willard Street, Spreydon, Christchurch 8024 is terminated, and possession is granted to Sasha Kawamura and Shane David Adler, at 11.59pm on Sunday 6 August 2023.
Samuel Haira must pay Sasha Kawamura and Shane David Adler $0.44 immediately, as calculated below:
The Bond Centre is to pay the bond of $780.00 (6444797-005) to Sasha Kawamura and Shane David Adler immediately.

Reasons

Both parties attended the hearing which I held by phone. Mr Haira did not remain in the hearing as he was at work.
The landlord applied to terminate the tenancy under section 55(1)(a) Residential Tenancies Act 1986 (RTA). That section requires that the rent be at least 21 days in arrears at the date of the application.
The landlord submitted that when they made the application at 16:20:25 on 6 July 2023, the rent was at least 21 days in arrears. But the tenant made a payment of $520.00 on 6 July, so the rent was not in arrears by at least 21 days at the date (6 July) when the application was made. The date of application means the day, not the time; that is the statutory wording.
The Tribunal cannot terminate the tenancy under section 55(1)(a) RTA.
Separately however the landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) RTA.
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.
The tenant has breached his obligations by failing to pay rent on time.
The landlord served a 14-day notice on the tenant on 1 June 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the rent has been in arrears ever since the breach notice was served and the arrears have increased, varying between $500.00 and $760.00 (the rent is $260.00 per week).
The landlord has provided rent records which prove the amount of rent owing as at today’s date.
I have set the possession date on 6 August 2023 as the tenant will need to time make arrangements. The tenancy was due to end on16 August.
I have awarded the bond to the landlord now and the Tribunal filing fee they paid. The tenant remains liable for rent until he vacates the tenancy.

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 4607931 — net $0.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 July 2023	$760.00	Rent arrears to 31 July 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$0.44
Total payable by Tenant to Landlord	$0.44

Claims and awards for application 4607931 — net $0.44 NZD. Verify on MoJ.

Rent arrears to 31 July 2023

Amount: $760.00
Awarded to: Landlord
Reason: Rent arrears to 31 July 2023

Filing fee reimbursement

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

Net award

Landlord $0.44

Total payable by Tenant to Landlord

Landlord $0.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Samuel Haira at Unit/Flat A, 7 Willard Street, Spreydon, Christchurch 8024 is terminated, and possession is granted to Sasha Kawamura and Shane David Adler, at 11.59pm on Sunday 6 August 2023.
Samuel Haira must pay Sasha Kawamura and Shane David Adler $0.44 immediately, as calculated below:
The Bond Centre is to pay the bond of $780.00 (6444797-005) to Sasha Kawamura and Shane David Adler immediately.

Reasons

Both parties attended the hearing which I held by phone. Mr Haira did not remain in the hearing as he was at work.
The landlord applied to terminate the tenancy under section 55(1)(a) Residential Tenancies Act 1986 (RTA). That section requires that the rent be at least 21 days in arrears at the date of the application.
The landlord submitted that when they made the application at 16:20:25 on 6 July 2023, the rent was at least 21 days in arrears. But the tenant made a payment of $520.00 on 6 July, so the rent was not in arrears by at least 21 days at the date (6 July) when the application was made. The date of application means the day, not the time; that is the statutory wording.
The Tribunal cannot terminate the tenancy under section 55(1)(a) RTA.
Separately however the landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) RTA.
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.
The tenant has breached his obligations by failing to pay rent on time.
The landlord served a 14-day notice on the tenant on 1 June 2023, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because the rent has been in arrears ever since the breach notice was served and the arrears have increased, varying between $500.00 and $760.00 (the rent is $260.00 per week).
The landlord has provided rent records which prove the amount of rent owing as at today’s date.
I have set the possession date on 6 August 2023 as the tenant will need to time make arrangements. The tenancy was due to end on16 August.
I have awarded the bond to the landlord now and the Tribunal filing fee they paid. The tenant remains liable for rent until he vacates the tenancy.

Tenancy Tribunal case 4607931 — Rent arrears at Unit/Flat A, 7 Willard Street, Spreydon, Christchurch 8024

At a glance

Tenancy Tribunal case 4607931 — Rent arrears at Unit/Flat A, 7 Willard Street, Spreydon, Christchurch 8024

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