How much money was awarded in case 4640030?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $540.00 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 4640030?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4640030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9663204-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4640030?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $540.00 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 4640030?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4640030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9663204-Tenancy_Tribunal_Order.pdf.

73 Murphy Street, Strathern, Invercargill 9812 Tenancy Tribunal Case 4640030 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4640030?

The tribunal order states: Kelly Kidd must pay Pride Property Management Limited As Agent For Deepak

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Order

Claims and awards in Tenancy Tribunal application 4640030 — net $1,110.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$540.00	Rent arrears
Repairs: Insurance excess: plumber	$550.00	Repairs: Insurance excess: plumber
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,110.44
Total payable by Tenant to Landlord	$1,110.44

Kelly Kidd must pay Pride Property Management Limited As Agent For Deepak Khillan And Sumiti Vohra $1,110.44 (“the debt”) immediately, calculated as shown in table below:

Kelly Kidd must pay rent and the debt as follows: a. By weekly rent payment of $520.00, on Thursday 23 November 2023 and every Thursday thereafter until the debt is paid, and b. A payment of $1,110.44, being for the debt, no later than Friday 1 December 2023.

Payments will be allocated in the following order: rent, rent arrears, insurance excess, 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 73 Murphy Street, Strathern, Invercargill 9812 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 insurance excess and filing fee within 2 working days of the due date, the insurance excess and filing fee will be payable immediately.

Kelly Kidd is to permit a landlord inspection no later than Friday 1 December 2023 or the tenancy at 73 Murphy Street, Strathern, Invercargill 9812 will terminate and the landlord will have immediate possession of the premises.

Reasons

Both parties attended the hearing. This was transferred to a teleconference hearing due to a local resourcing issue. If a future hearing is required, it is more than likely preferrable it is conducted in person, depending on the actual claims. That said, I am satisfied the parties were able to make appropriate submissions regarding the orders made here.

The landlord has applied for termination of the tenancy, rent arrears, compensation, and the application filing fee. 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. Rent

The tenant breached their obligations by failing to remedy rent arrears. On 16 June 2023 and 23 June 2023, the landlord served 14-day notices on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy. Further grounds for immediate termination were the failure of the tenant to address the outstanding rent as advised via three recidivist rent notices, served on 16 June 2023, 3 July 2023, and 21 July 2023. Inspection

The landlord wants access to conduct a follow up inspection of issues raised in a prior 14-day notice to remedy. The scheduled inspection did not occur but I accept that was due, at least in part, to the tenant being out of town at short notice.

The landlord inspection is to be conducted by 1 December 2023 is for the same purpose as outlined in the previous notice to the tenant (copied below):

The issues raised are potentially significant but the tenant claims to have remedied a number of the issues. Given the significance, it is equitable to add this inspection as a final condition for termination. A further reason for the consequential clause for termination, if the landlord is not granted access for the follow-up inspection, are valid concerns regarding any future insurance claim.

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, will facilitate the landlord inspection, and she 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.

This order determines this landlord application. If there are further matters from the pending landlord inspection that require Tribunal resolution, either party should make an application regarding any such matters, as appropriate. For the avoidance of doubt, any maintenance or damage issue previously raised via a notice to remedy, and unresolved, may be raised in a future application. These matters have not been considered here, apart from justifying the request for an inspection. Insurance excess

The landlord incurred a cost of $2,721.82 due to a blocked toilet. The owner accessed insurance cover for the repair, leaving $550.00 (the deducted excess) as a liability of the tenant. Ms Kidd accepted the damage was accidental and her liability. She has provisional indication from the appropriate government agency that some financial assistance towards this, and the rent arrears, will be forthcoming. Application filing fee

Because Pride Property Management Limited As Agent For Deepak Khillan And Sumiti Vohra has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4640030 — net $1,110.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$540.00	Rent arrears
Repairs: Insurance excess: plumber	$550.00	Repairs: Insurance excess: plumber
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,110.44
Total payable by Tenant to Landlord	$1,110.44

Kelly Kidd must pay Pride Property Management Limited As Agent For Deepak Khillan And Sumiti Vohra $1,110.44 (“the debt”) immediately, calculated as shown in table below:

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

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

Reasons

The landlord has applied for termination of the tenancy, rent arrears, compensation, and the application filing fee. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

The landlord inspection is to be conducted by 1 December 2023 is for the same purpose as outlined in the previous notice to the tenant (copied below):

Because Pride Property Management Limited As Agent For Deepak Khillan And Sumiti Vohra has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4640030 — Property damage at 73 Murphy Street, Strathern, Invercargill 9812

At a glance

Tenancy Tribunal case 4640030 — Property damage at 73 Murphy Street, Strathern, Invercargill 9812

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