What was the outcome of Tenancy Tribunal case 4751529?

The tribunal order states: The tenancy of Jaden Mead and Rebecca Mead (Carroll) at 15 Batt Street,

How much money was awarded in case 4751529?

Filing Fee: $20.44 awarded to landlord; Property Damage: $634.00 awarded to landlord; Rent Arrears: $5,207.14 awarded to landlord

What type of tenancy dispute was case 4751529?

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

Where can I read the official tribunal order for case 4751529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9871094-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4751529?

The tribunal order states: The tenancy of Jaden Mead and Rebecca Mead (Carroll) at 15 Batt Street,

How much money was awarded in case 4751529?

Filing Fee: $20.44 awarded to landlord; Property Damage: $634.00 awarded to landlord; Rent Arrears: $5,207.14 awarded to landlord

What type of tenancy dispute was case 4751529?

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

Where can I read the official tribunal order for case 4751529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9871094-Tenancy_Tribunal_Order.pdf.

15 Batt Street, West End, Palmerston North 4410 Tenancy Tribunal Case 4751529 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4751529 — net $3,861.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,207.14	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window repairs	$634.00	Window repairs
Net award	$3,861.58
Total payable by Tenant to Landlord	$3,861.58

The tenancy of Jaden Mead and Rebecca Mead (Carroll) at 15 Batt Street, West End, Palmerston North 4410 is terminated, and possession is granted to Peggy Johnston, at 11.59 pm Friday 26 January 2024.

The Bond Centre is to pay the bond of $2,000.00 (3609222-007) to Peggy Johnston immediately.

Jaden Mead and Rebecca Mead (Carroll) must pay Peggy Johnston $3,861.58 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears$5,207.14 Filing fee reimbursement$20.44 Window repairs$634.00 Total award$5,861.58 Bond$2,000.00 Total payable by Tenant to Landlord$3,861.58

Reasons

Both parties attended the hearing.

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

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

As discussed at the hearing, section 55(1)(a) Residential Tenancies Act (“RTA”) provides that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the rent was, at the date on which the application was filed, at least 21 days in arrears. At the date of filing the landlord’s application on 27 November 2023, the tenant was more than 21 days in arrears.

Under section 55(1A) RTA the Tribunal may, instead of making a final termination order, make a conditional order only if it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal and it is unlikely that the tenant will fall into arrears again.

The tenants accepted that the landlord’s arrears calculation was correct and at the date of the hearing they were $4,850.00 in arrears and owed the landlord $634.00 for a window repair for which the tenants had accepted responsibility. This means that at the date of the hearing, the tenants owe the landlord a total of $5,484.00. In addition, a further week’s rent has fallen due on Monday 22 January 2024.

I have considered whether it would be appropriate to exercise the discretion in section 55(1A) RTA and have decided not to exercise the discretion and to grant the landlord’s application for termination for the following reasons: a. The tenants were more than 21 days in arrears at the date the landlord filed her application. b. Since the landlord’s application was filed, the arrears of rent have more than doubled. c. The amount outstanding is significantly more than twice the bond. d. The amount outstanding in rent is equivalent to nearly ten weeks’ rent, significantly in excess of 21 days arrears. e. The landlord provided evidence that the tenants have made a number of promises to the landlord to meet the rent payments and clear the arrears but these have not been met. f. The history of rental payments throughout the tenancy. There has only been a period of some three months at the start of the tenancy when the rent has been paid as it has fallen due. g. WINZ assisted with a lump sum payment to clear arrears in October 2023 but the tenants advised that WINZ will not assist them again.

While the Tribunal has sympathy with the tenants’ situation and the consequences of this order for them, I am not satisfied that it is unlikely that the tenants will not make payments of the rent and arrears.

Given the tenants’ situation and the presence of a child, it is not appropriate to make an order for immediate termination. Instead, this Order allows the tenants three days in which to vacate the property and leave it in a reasonably clean and tidy condition.

Because Peggy Johnston has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4751529 — net $3,861.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,207.14	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window repairs	$634.00	Window repairs
Net award	$3,861.58
Total payable by Tenant to Landlord	$3,861.58

The tenancy of Jaden Mead and Rebecca Mead (Carroll) at 15 Batt Street, West End, Palmerston North 4410 is terminated, and possession is granted to Peggy Johnston, at 11.59 pm Friday 26 January 2024.

The Bond Centre is to pay the bond of $2,000.00 (3609222-007) to Peggy Johnston immediately.

Reasons

Both parties attended the hearing.

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

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

Because Peggy Johnston has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4751529 — Rent arrears at 15 Batt Street, West End, Palmerston North 4410

At a glance

Tenancy Tribunal case 4751529 — Rent arrears at 15 Batt Street, West End, Palmerston North 4410

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions