What was the outcome of Tenancy Tribunal case 4692449?

The tribunal order states: Casey Erikson owes Kirolous Developments Limited $3,494.14 being rent and

How much money was awarded in case 4692449?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,473.70 awarded to landlord

What type of tenancy dispute was case 4692449?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4692449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9674011-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4692449?

The tribunal order states: Casey Erikson owes Kirolous Developments Limited $3,494.14 being rent and

How much money was awarded in case 4692449?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,473.70 awarded to landlord

What type of tenancy dispute was case 4692449?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4692449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9674011-Tenancy_Tribunal_Order.pdf.

10B Kamahi Place, Bishopdale, Christchurch 8051 Tenancy Tribunal Case 4692449 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4692449 — net $3,494.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 November 2023	$3,473.70	Rent arrears to 24 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,494.14
Total payable by Tenant to Landlord	$3,494.14

Casey Erikson owes Kirolous Developments Limited $3,494.14 being rent and rent arrears owed to the 24 November 2023 and the filing fee (“the debt”).

Casey Erikson must pay the rent and rent arrears owing being $3473.70 in cleared funds showing in the landlord’s bank account by 5pm on Friday 24 November 2023.

If the tenant fails to pay rent and rent arrears of $3494.14 by 5pm on Friday 24 November then : a. The tenancy at 10B Kamahi Place, Bishopdale, Christchurch 8051 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 held by phone on the 20 November 2023.

The tenant said that he was not expecting the Tribunal’s telephone call. He had thought that the hearing was the following day. The Tribunal had the incorrect mobile number for the tenant, which the landlord corrected at the beginning of the phone call. However, I am satisfied that the tenant had been given notice of the hearing today because the Notice of Hearing was sent to the address where the tenant is living and the tenant acknowledged he knew that the tenancy hearing was coming up.

The tenant had not received the reminder text messages, but as the tenant had answered the phone I proceeded with the hearing.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

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 their obligations by failing to pay rent on time. The landlord has served a number of 14-day notices for rent arrears. the landlord served a 14-day notice on the tenant on the 16 September 2023 but the breach was not remedied within the required period.

During the hearing the tenant strenuously challenged the correctness of the landlord’s rent ledger. The tenant said he had made payments into the account which the landlord was not disclosing. However, I had the landlord’s bank account print out showing all the funds deposited by the tenant, the former tenant and the tenant’s company. The payments that the tenant alleged he had paid were not shown. I allowed the tenant further time after the hearing to go his bank and get evidence that the alleged payments had in fact been made. The tenant made numerous assurances to me that he would do that and that he would send evidence into the Tribunal.

It is now two days after the hearing and well outside the timeframe that was given to the tenant for providing that evidence. No further evidence has been provided by the tenant showing the alleged payments made and the only inference I can make is that the evidence does not exist.

I am therefore satisfied that the tenancy should be terminated because it is now 4 weeks where the tenant has not paid rent. The arrears have been ongoing. It would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am prepared to allow the tenant until Friday to make a payment of the rent and rent arrears in FULL which would avoid termination. The rent must be deposited as cleared funds into the landlord’s bank account by 5pm on Friday 24 November 2023. 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.

Because Kirolous Developments Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4692449 — net $3,494.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 November 2023	$3,473.70	Rent arrears to 24 November 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,494.14
Total payable by Tenant to Landlord	$3,494.14

Order

Casey Erikson owes Kirolous Developments Limited $3,494.14 being rent and rent arrears owed to the 24 November 2023 and the filing fee (“the debt”).
Casey Erikson must pay the rent and rent arrears owing being $3473.70 in cleared funds showing in the landlord’s bank account by 5pm on Friday 24 November 2023.
If the tenant fails to pay rent and rent arrears of $3494.14 by 5pm on Friday 24 November then : a. The tenancy at 10B Kamahi Place, Bishopdale, Christchurch 8051 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 held by phone on the 20 November 2023.
The tenant said that he was not expecting the Tribunal’s telephone call. He had thought that the hearing was the following day. The Tribunal had the incorrect mobile number for the tenant, which the landlord corrected at the beginning of the phone call. However, I am satisfied that the tenant had been given notice of the hearing today because the Notice of Hearing was sent to the address where the tenant is living and the tenant acknowledged he knew that the tenancy hearing was coming up.
The tenant had not received the reminder text messages, but as the tenant had answered the phone I proceeded with the hearing.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

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 their obligations by failing to pay rent on time. The landlord has served a number of 14-day notices for rent arrears. the landlord served a 14-day notice on the tenant on the 16 September 2023 but the breach was not remedied within the required period.
During the hearing the tenant strenuously challenged the correctness of the landlord’s rent ledger. The tenant said he had made payments into the account which the landlord was not disclosing. However, I had the landlord’s bank account print out showing all the funds deposited by the tenant, the former tenant and the tenant’s company. The payments that the tenant alleged he had paid were not shown. I allowed the tenant further time after the hearing to go his bank and get evidence that the alleged payments had in fact been made. The tenant made numerous assurances to me that he would do that and that he would send evidence into the Tribunal.
It is now two days after the hearing and well outside the timeframe that was given to the tenant for providing that evidence. No further evidence has been provided by the tenant showing the alleged payments made and the only inference I can make is that the evidence does not exist.
I am therefore satisfied that the tenancy should be terminated because it is now 4 weeks where the tenant has not paid rent. The arrears have been ongoing. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am prepared to allow the tenant until Friday to make a payment of the rent and rent arrears in FULL which would avoid termination. The rent must be deposited as cleared funds into the landlord’s bank account by 5pm on Friday 24 November 2023. 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.
Because Kirolous Developments Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4692449 — Rent arrears at 10B Kamahi Place, Bishopdale, Christchurch 8051

At a glance

Tenancy Tribunal case 4692449 — Rent arrears at 10B Kamahi Place, Bishopdale, Christchurch 8051

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