What was the outcome of Tenancy Tribunal case 4744589?

The tribunal order states: Craig Gary Smith owes Neil Cook $870.00 (‘the debt’) being rent arrears to 22

How much money was awarded in case 4744589?

Being: $255.00 awarded to landlord; For Rent And: $10.00 awarded to landlord

What type of tenancy dispute was case 4744589?

The primary dispute was Rent arrears. Related themes: 14-day notice, Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 4744589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10608012-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4744589?

The tribunal order states: Craig Gary Smith owes Neil Cook $870.00 (‘the debt’) being rent arrears to 22

How much money was awarded in case 4744589?

Being: $255.00 awarded to landlord; For Rent And: $10.00 awarded to landlord

What type of tenancy dispute was case 4744589?

The primary dispute was Rent arrears. Related themes: 14-day notice, Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 4744589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10608012-Tribunal_Order.pdf.

Unit/Flat 1, 32A Fox Street, Cobden, Greymouth 7802 Tenancy Tribunal Case 4744589 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4744589. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$255.00		being
for rent and	$10.00		for rent and

Craig Gary Smith owes Neil Cook $870.00 (‘the debt’) being rent arrears to 22 July 2024.

Craig Gary Smith must pay rent and the debt as follows: a. By weekly payments of $265.00, being $255.00 for rent and $10.00 for the debt. b. Payments will be every Saturday, with the first payment on 27 July 2024 and continuing until the debt is paid in full .

Payments will be allocated in the following order: rent, then rent arrears.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 1, 32A Fox Street, Cobden, Greymouth 7802 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

The landlord’s application for compensation for the repair of damage is withdrawn.

Reasons

Both parties attended the hearing.

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

Termination of the tenancy - should a conditional order be made?

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 (RTA).

I find that the landlord’s rent claim is proved. The tenant produced no evidence to show cash payments of rent he said he paid in 2021 and 2022, when the arrears arose. He said he made 2 other payments to the landlord’s bank account, payments the landlord denied receiving.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) RTA.

The parties consented to the order being made; the tenant wants to remain in the tenancy for the time being.

The landlord withdrew his application for compensation for damage. That means that the landlord can make an application again if he has evidence of costs incurred for repairing damage carelessly or intentionally caused by the tenant.

The Tribunal has already heard an application made by the tenant. It made work orders which the landlord complied with.

The tenant raised other repair and maintenance issues today. I explained that in the absence of an application from him, the Tribunal could not hear, nor make orders, about those matters.

The registrar provided the tenant will a full copy of the landlord’s file today, so he has current address and contact details.

The tenant (and the landlord) can get free advice from Tenancy Services about any issues relating to the tenancy.

I suggested that the parties meet at the premises to discuss repair and maintenance issues.

The landlord is on notice that these premises must reach Healthy Homes Standards (HHS) compliance by 1 July 2025. It would make sense for the landlord to have the premises assessed for HHS compliance now. A failure to comply with the HHS can result in an award of exemplary damages up to $7,200.00.

Order

Claims and awards in Tenancy Tribunal application 4744589. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
being	$255.00		being
for rent and	$10.00		for rent and