How much money was awarded in case 4649189?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,221.43 awarded to landlord

What type of tenancy dispute was case 4649189?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4649189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9448773-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4649189?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,221.43 awarded to landlord

What type of tenancy dispute was case 4649189?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4649189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9448773-Tenancy_Tribunal_Order.pdf.

8A Reins Road, Takanini, Takanini 2112 Tenancy Tribunal Case 4649189 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4649189?

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 4649189 — net $1,241.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 22 September 2023	$1,221.43	Rent arrears as at 22 September 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,241.87
Total payable by Tenant to Landlord	$1,241.87

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

Darren Osmond Oloapu owes Csi Property Management Limited As Agent For Rohan And Rati Katasya $1,241.87 (“the debt”) as described in the table below.

Darren Osmond Oloapu must pay the debt as follows: By making a full payment of $1,241.87 by Friday 29 September 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 8A Reins Road, Takanini, Takanini 2112 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.

Reasons

Both parties attended the hearing which was held by teleconference.

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

How much rent is in arrears?

At today’s hearing I understood that as at today’s date there is an amount of $1,221.43 outstanding. I also understood that a $450.00 payment from WINZ would have been made this morning. Understandably It has not appeared in the landlord’s bank account as yet and so I have kept the rent arrears at $1221.43. Had the $450.00 been recorded in th landlord’s bank account the rent arrears would have amounted to $771.43.

When Mr Oloapu meets with WINZ next week they ought to be able to calculate how much rent is outstanding based on the information in paragraph 3 above.

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 tenant breached his obligations by failing to pay rent as and when it fell due. On 19 July 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period and so it would be inequitable to refuse to terminate the tenancy.

However, 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 therefore 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.

I note that there has been some difficulties around ascertaining the amount of rent arrears. I also note that Mr Oloapu does not have an email address to which this order may be posted. I am concerned that he will not have received this order by the time he goes to his appointment at WINZ and at today’s hearing the parties undertook to ensure that the landlord provided Mr Oloapu with a copy of the order to take to WINZ. Filing fee reimbursement

Further to the payment of rent arrears, because Csi Property Management Limited As Agent For Rohan And Rati Katasya has wholly succeeded with the claim I must order Mr Oloapu to reimburse them the filing fee. C ter Haar 22 September 2023

Claims and awards in Tenancy Tribunal application 4649189 — net $1,241.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 22 September 2023	$1,221.43	Rent arrears as at 22 September 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,241.87
Total payable by Tenant to Landlord	$1,241.87

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Darren Osmond Oloapu owes Csi Property Management Limited As Agent For Rohan And Rati Katasya $1,241.87 (“the debt”) as described in the table below.
Darren Osmond Oloapu must pay the debt as follows: By making a full payment of $1,241.87 by Friday 29 September 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 8A Reins Road, Takanini, Takanini 2112 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.

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy, rent arrears reimbursement of the filing fee and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.

How much rent is in arrears?

At today’s hearing I understood that as at today’s date there is an amount of $1,221.43 outstanding. I also understood that a $450.00 payment from WINZ would have been made this morning. Understandably It has not appeared in the landlord’s bank account as yet and so I have kept the rent arrears at $1221.43. Had the $450.00 been recorded in th landlord’s bank account the rent arrears would have amounted to $771.43.
When Mr Oloapu meets with WINZ next week they ought to be able to calculate how much rent is outstanding based on the information in paragraph 3 above.

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 tenant breached his obligations by failing to pay rent as and when it fell due. On 19 July 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period and so it would be inequitable to refuse to terminate the tenancy.
However, 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 therefore 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.
I note that there has been some difficulties around ascertaining the amount of rent arrears. I also note that Mr Oloapu does not have an email address to which this order may be posted. I am concerned that he will not have received this order by the time he goes to his appointment at WINZ and at today’s hearing the parties undertook to ensure that the landlord provided Mr Oloapu with a copy of the order to take to WINZ. Filing fee reimbursement
Further to the payment of rent arrears, because Csi Property Management Limited As Agent For Rohan And Rati Katasya has wholly succeeded with the claim I must order Mr Oloapu to reimburse them the filing fee. C ter Haar 22 September 2023

Tenancy Tribunal case 4649189 — Rent arrears at 8A Reins Road, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4649189 — Rent arrears at 8A Reins Road, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

How much rent is in arrears?

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

How much rent is in arrears?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions