What was the outcome of Tenancy Tribunal case 4670291?

The tribunal order states: Ruth Marinosa must pay Rembrandt Wynen $185.44 immediately, calculated as

How much money was awarded in case 4670291?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $165.00 awarded to landlord

What type of tenancy dispute was case 4670291?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4670291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9631314-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4670291?

The tribunal order states: Ruth Marinosa must pay Rembrandt Wynen $185.44 immediately, calculated as

How much money was awarded in case 4670291?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $165.00 awarded to landlord

What type of tenancy dispute was case 4670291?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4670291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9631314-Tenancy_Tribunal_Order.pdf.

26 Te Taou Crescent, Auckland Central, Auckland 1010, Tenancy Tribunal Case 4670291 — Rent arrears

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26 Te Taou Crescent, Auckland Central, Auckland 1010, Tenancy Tribunal Case 4670291 — 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 4670291 — net $185.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$165.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$185.44
Total payable by Tenant to Landlord	$185.44

Claims and awards for application 4670291 — net $185.44 NZD. Verify on MoJ.

Rent arrears

Amount: $165.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $185.44

Total payable by Tenant to Landlord

Landlord $185.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Ruth Marinosa must pay Rembrandt Wynen $185.44 immediately, calculated as shown in the table below:
The landlord’s claim for termination is dismissed.

Reasons

The hearing was held on 8 November 2023 by teleconference. The landlord attended but the tenant did not attend. The tenant was contacted twice on the contact number provided in the application without success. The absence of a party does not prevent the hearing from proceeding.
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) Residential Tenancies Act 1986.
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 their obligations by failing to pay rent when it fell due.
The landlord served a 14-day notice on the tenant on 10 August 2023 due to failing to pay rent for the period 02/07/2023 – 09/07/2023, and the tenant did not remedy the breach within the required period.
Although the tenant did not attend the hearing, I find the nature or extent of the breach was not such that it would be inequitable to refuse to terminate the tenancy because the outstanding rent arrears are not significant.
I accept this situation is not ideal for the landlord, however having regard to the amount owing, I do not consider the breach to be of such seriousness to justify terminating the tenancy at this point.
Having said this, the Tribunal sounds a note of caution to the tenant. It is hazardous to persistently have rent arrears and not make any attempt to address this. It is time-consuming and hence costly for landlord to pursue this debt. A persistent pattern of rent arrears may well result in the Tribunal taking the view that it would be inequitable for the Tribunal to refuse to terminate the tenancy.
As the landlord has substantially succeeded with the claim, I have ordered the other party to reimburse 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 4670291 — net $185.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$165.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$185.44
Total payable by Tenant to Landlord	$185.44

Claims and awards for application 4670291 — net $185.44 NZD. Verify on MoJ.

Rent arrears

Amount: $165.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

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

Net award

Landlord $185.44

Total payable by Tenant to Landlord

Landlord $185.44

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Ruth Marinosa must pay Rembrandt Wynen $185.44 immediately, calculated as shown in the table below:
The landlord’s claim for termination is dismissed.

Reasons

The hearing was held on 8 November 2023 by teleconference. The landlord attended but the tenant did not attend. The tenant was contacted twice on the contact number provided in the application without success. The absence of a party does not prevent the hearing from proceeding.
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) Residential Tenancies Act 1986.
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 their obligations by failing to pay rent when it fell due.
The landlord served a 14-day notice on the tenant on 10 August 2023 due to failing to pay rent for the period 02/07/2023 – 09/07/2023, and the tenant did not remedy the breach within the required period.
Although the tenant did not attend the hearing, I find the nature or extent of the breach was not such that it would be inequitable to refuse to terminate the tenancy because the outstanding rent arrears are not significant.
I accept this situation is not ideal for the landlord, however having regard to the amount owing, I do not consider the breach to be of such seriousness to justify terminating the tenancy at this point.
Having said this, the Tribunal sounds a note of caution to the tenant. It is hazardous to persistently have rent arrears and not make any attempt to address this. It is time-consuming and hence costly for landlord to pursue this debt. A persistent pattern of rent arrears may well result in the Tribunal taking the view that it would be inequitable for the Tribunal to refuse to terminate the tenancy.
As the landlord has substantially succeeded with the claim, I have ordered the other party to reimburse the filing fee.

Tenancy Tribunal case 4670291 — Rent arrears at 26 Te Taou Crescent, Auckland Central, Auckland 1010,

At a glance

Tenancy Tribunal case 4670291 — Rent arrears at 26 Te Taou Crescent, Auckland Central, Auckland 1010,

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