What was the outcome of Tenancy Tribunal case 4646549?

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

How much money was awarded in case 4646549?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,414.29 awarded to landlord

What type of tenancy dispute was case 4646549?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4646549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9347599-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4646549?

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

How much money was awarded in case 4646549?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,414.29 awarded to landlord

What type of tenancy dispute was case 4646549?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4646549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9347599-Tenancy_Tribunal_Order.pdf.

20 Merton Crescent, Pirimai, Napier 4112 Tenancy Tribunal Case 4646549 — Rent arrears

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20 Merton Crescent, Pirimai, Napier 4112 Tenancy Tribunal Case 4646549 — 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 4646549 — net $1,434.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 August 2023	$1,414.29	Rent arrears (to 27 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,434.73
Total payable by Tenant to Landlord	$1,434.73

Claims and awards for application 4646549 — net $1,434.73 NZD. Verify on MoJ.

Rent arrears (to 27 August 2023

Amount: $1,414.29
Awarded to: Landlord
Reason: Rent arrears (to 27 August 2023

Filing fee reimbursement

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

Net award

Landlord $1,434.73

Total payable by Tenant to Landlord

Landlord $1,434.73

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 Kevin Murrel at 20 Merton Crescent, Pirimai, Napier 4112 is terminated, and possession is granted to The Property Management Team Limited, at 4pm on Friday, 1 September 2023.
Kevin Murrel must pay The Property Management Team Limited $1,434.73 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by telephone.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
Rent was at least 21 days in arrears on the date the application was filed.
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. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The landlord provided rent records and oral evidence which prove the amount owing at the date of the application and on 27 August 2023. Mr Murell accepted the rent arrears and wants to repay the debt to avoid immediate termination.
In order to grant a conditional termination order, I must be satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach.
Rent has been in arrears throughout the tenancy. There was a conditional termination order earlier this year, which was complied with. However, once those arrears were repaid, the rent payments became sporadic again.
At the hearing today, Mr Murrell said that he could repay the debt and avoid further arrears with the assistance of WINZ. However, he has not yet approached WINZ regarding the debt and has not requested a redirection of payment from his benefit directly to his landlord. Those things should have been done before now, and probably when the previous conditional termination order was in place.
On the evidence before me today, I cannot be satisfied that the debt would be repaid, or that it is unlikely arrears will occur in the future.
In the circumstances, I must terminate the tenancy. The termination date will be Friday, 1 September at 4pm.
As the landlord was the successful party, I have awarded reimbursement of the filing fee.

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 4646549 — net $1,434.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27 August 2023	$1,414.29	Rent arrears (to 27 August 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,434.73
Total payable by Tenant to Landlord	$1,434.73

Claims and awards for application 4646549 — net $1,434.73 NZD. Verify on MoJ.

Rent arrears (to 27 August 2023

Amount: $1,414.29
Awarded to: Landlord
Reason: Rent arrears (to 27 August 2023

Filing fee reimbursement

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

Net award

Landlord $1,434.73

Total payable by Tenant to Landlord

Landlord $1,434.73

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 Kevin Murrel at 20 Merton Crescent, Pirimai, Napier 4112 is terminated, and possession is granted to The Property Management Team Limited, at 4pm on Friday, 1 September 2023.
Kevin Murrel must pay The Property Management Team Limited $1,434.73 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by telephone.
The landlord has applied for termination of the tenancy, rent arrears and reimbursement of the filing fee.
Rent was at least 21 days in arrears on the date the application was filed.
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. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The landlord provided rent records and oral evidence which prove the amount owing at the date of the application and on 27 August 2023. Mr Murell accepted the rent arrears and wants to repay the debt to avoid immediate termination.
In order to grant a conditional termination order, I must be satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach.
Rent has been in arrears throughout the tenancy. There was a conditional termination order earlier this year, which was complied with. However, once those arrears were repaid, the rent payments became sporadic again.
At the hearing today, Mr Murrell said that he could repay the debt and avoid further arrears with the assistance of WINZ. However, he has not yet approached WINZ regarding the debt and has not requested a redirection of payment from his benefit directly to his landlord. Those things should have been done before now, and probably when the previous conditional termination order was in place.
On the evidence before me today, I cannot be satisfied that the debt would be repaid, or that it is unlikely arrears will occur in the future.
In the circumstances, I must terminate the tenancy. The termination date will be Friday, 1 September at 4pm.
As the landlord was the successful party, I have awarded reimbursement of the filing fee.

Tenancy Tribunal case 4646549 — Rent arrears at 20 Merton Crescent, Pirimai, Napier 4112

At a glance

Tenancy Tribunal case 4646549 — Rent arrears at 20 Merton Crescent, Pirimai, Napier 4112

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions