What was the outcome of Tenancy Tribunal case 4716876?

The tribunal order states: The tenancy is terminated and possession granted to Property Brokers Limited

How much money was awarded in case 4716876?

Filing Fee: $20.44 awarded to landlord; Property Damage: $174.80 awarded to landlord; Rent Arrears: $300.00 awarded to landlord

What type of tenancy dispute was case 4716876?

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

Where can I read the official tribunal order for case 4716876?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9790496-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4716876?

The tribunal order states: The tenancy is terminated and possession granted to Property Brokers Limited

How much money was awarded in case 4716876?

Filing Fee: $20.44 awarded to landlord; Property Damage: $174.80 awarded to landlord; Rent Arrears: $300.00 awarded to landlord

What type of tenancy dispute was case 4716876?

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

Where can I read the official tribunal order for case 4716876?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9790496-Tenancy_Tribunal_Order.pdf.

297 High Street, Dannevirke, Dannevirke 4930 Tenancy Tribunal Case 4716876 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4716876. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$300.00	Rent arrears
Repairs	$174.80	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement

The landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

The landlord provided the Tribunal with a copies of the rent summary, the invoice, the property inspection reports and all 14-day notices.

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 her obligations by: a. Causing damage to the property and not paying for the repairs b. Not clearing her rent arrears of $300 c. Piling up greenwaste on the property d. Exceeding the maximum number of occupants

On 12 July 2023 the landlord served a 14-day notice on the tenant regarding the cleanliness of the property and some damage to the property. The matters were not remedied.

The landlord filed an application with the Tenancy Tribunal and on 1 September the parties attended mediation where it was agreed that the tenant would be given a further opportunity to remedy the breaches. Eventually most matters were attended to, but there were still some repairs to be done and the landlord incurred expenses of $174.80. The invoice dated 2 October was provided to the tenant on or about 19 October 2023. The amount remains unpaid. Therefore, she has not remedied the breach.

On 28 July 2023 the tenant was given notice of a $50 rent increase to take effect on 3 October 2023. The tenant did not increase her rent payments until 13 November 2023. She is therefore now $300 in arrears. She was notified following the first short payment and on 10 October 2023 she was given a 14- day notice to remedy her arrears of $100 as it was at that time. This remains unpaid and so the tenant has not remedied the breach.

The arrears remained unpaid and a further Tribunal application was made. At a mediation on 8 November 2023 the tenant agreed to pay the arrears which had by then reached $300, the invoice of $174.80 and filing fee of $20.44. The total of $495.24 was to have been made by 17 November 2023. This did not happen.

At property inspection on 16 November 2023 the property manager discovered that there was an extra adult living at the property, in the “hobby room”, in excess of the maximum occupancy of one adult and one child. A 14-day notice to remedy was given.

When the property manager attended for a reinspection on 1 December she found a man sleeping in the hobby room. The tenant said that she cannot control her family. The tenant has not remedied the breach.

There was also a large pile of green waste on the property and a 14-day notice to remedy was issued.

The manager attended on Monday 18 December 2023 and took a photo. The greenwaste remains. The tenant has not remedied the breach.

It would be inequitable to refuse to terminate the tenancy because the tenant has had several opportunities to pay the rent arrears and the invoice. She has ignored the notices to remedy regarding the greenwaste and the extra occupant. She agreed to clear the debt of $495.24 by 17 November 2023 but that has not happened and she has not attended the hearing. It is not fair on the landlord that she continues to disregard her obligations and clear her debt. The owner should not be out of pocket.

Noting that many agencies will be closed over the next two weeks, the landlord has agreed that the tenancy should not be terminated immediately. They ask for possession on 15 January 2024.

Because Property Brokers Limited Acting Agent For Mr Dhaliwall has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4716876. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$300.00	Rent arrears
Repairs	$174.80	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

The tenancy is terminated and possession granted to Property Brokers Limited Acting Agent for Mr Dhaliwall at 9am on Monday 15 January 2024.
Yavanna Murphy must pay Property Brokers Limited Acting Agent For Mr Dhaliwall $495.24 immediately, as calculated below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
The landlord provided the Tribunal with a copies of the rent summary, the invoice, the property inspection reports and all 14-day notices.

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 her obligations by: a. Causing damage to the property and not paying for the repairs b. Not clearing her rent arrears of $300 c. Piling up greenwaste on the property d. Exceeding the maximum number of occupants
On 12 July 2023 the landlord served a 14-day notice on the tenant regarding the cleanliness of the property and some damage to the property. The matters were not remedied.
The landlord filed an application with the Tenancy Tribunal and on 1 September the parties attended mediation where it was agreed that the tenant would be given a further opportunity to remedy the breaches. Eventually most matters were attended to, but there were still some repairs to be done and the landlord incurred expenses of $174.80. The invoice dated 2 October was provided to the tenant on or about 19 October 2023. The amount remains unpaid. Therefore, she has not remedied the breach.
On 28 July 2023 the tenant was given notice of a $50 rent increase to take effect on 3 October 2023. The tenant did not increase her rent payments until 13 November 2023. She is therefore now $300 in arrears. She was notified following the first short payment and on 10 October 2023 she was given a 14- day notice to remedy her arrears of $100 as it was at that time. This remains unpaid and so the tenant has not remedied the breach.
The arrears remained unpaid and a further Tribunal application was made. At a mediation on 8 November 2023 the tenant agreed to pay the arrears which had by then reached $300, the invoice of $174.80 and filing fee of $20.44. The total of $495.24 was to have been made by 17 November 2023. This did not happen.
At property inspection on 16 November 2023 the property manager discovered that there was an extra adult living at the property, in the “hobby room”, in excess of the maximum occupancy of one adult and one child. A 14-day notice to remedy was given.
When the property manager attended for a reinspection on 1 December she found a man sleeping in the hobby room. The tenant said that she cannot control her family. The tenant has not remedied the breach.
There was also a large pile of green waste on the property and a 14-day notice to remedy was issued.
The manager attended on Monday 18 December 2023 and took a photo. The greenwaste remains. The tenant has not remedied the breach.
It would be inequitable to refuse to terminate the tenancy because the tenant has had several opportunities to pay the rent arrears and the invoice. She has ignored the notices to remedy regarding the greenwaste and the extra occupant. She agreed to clear the debt of $495.24 by 17 November 2023 but that has not happened and she has not attended the hearing. It is not fair on the landlord that she continues to disregard her obligations and clear her debt. The owner should not be out of pocket.
Noting that many agencies will be closed over the next two weeks, the landlord has agreed that the tenancy should not be terminated immediately. They ask for possession on 15 January 2024.
Because Property Brokers Limited Acting Agent For Mr Dhaliwall has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4716876 — Rent arrears at 297 High Street, Dannevirke, Dannevirke 4930

At a glance

Tenancy Tribunal case 4716876 — Rent arrears at 297 High Street, Dannevirke, Dannevirke 4930

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions