What was the outcome of Tenancy Tribunal case 4773941?

The tribunal order states: The tenancy of Elizabeth Dianne Walsh at 255 Stout Street, Mangapapa,

How much money was awarded in case 4773941?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,751.30 awarded to landlord

What type of tenancy dispute was case 4773941?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4773941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9843489-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4773941?

The tribunal order states: The tenancy of Elizabeth Dianne Walsh at 255 Stout Street, Mangapapa,

How much money was awarded in case 4773941?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,751.30 awarded to landlord

What type of tenancy dispute was case 4773941?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4773941?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9843489-Tenancy_Tribunal_Order.pdf.

255 Stout Street, Mangapapa, Gisborne 4010 Tenancy Tribunal Case 4773941 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4773941 — net $1,531.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26.1.2024	$2,751.30	Rent arrears to 26.1.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,531.74
Total payable by Tenant to Landlord	$1,531.74

The tenancy of Elizabeth Dianne Walsh at 255 Stout Street, Mangapapa, Gisborne 4010 is terminated, and possession is granted to East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani, at 11:59pm on Friday 26 January 2024.

The Bond Centre is to pay the bond of $1,240.00 (3147712-014) to East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani immediately.

Elizabeth Dianne Walsh must pay East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani $1,531.74 immediately, calculated as shown in the table below:

Reasons

Mr Third attended the hearing on behalf of the landlord by teleconference. Ms Walsh, the tenant, also attended the hearing by teleconference.

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

The tenant, Ms Walsh, was keen to arrange for payment of rent arrears over time, in order to retain the tenancy.

The Tribunal can make a final or conditional termination order. The Tribunal must be satisfied that the tenant will pay any rent arrears within a specified time and that it is unlikely that the tenant will commit any further rent arrears breach in order to be able to make a conditional termination order, pursuant to section 55(1A) Residential Tenancies Act 1986 (“RTA”).

The landlord said the tenant has been served with a number of 14-day notices to remedy her rent arrears breaches but has not remedied the rent arrears. The landlord further maintained that the tenant was in rent arrears for a time also in 2022. Mr Third pointed out that Ms Walsh has been in arrears since early August 2023, and has failed to come through on several promises to pay rent arrears.

Ms Walsh said she had health issues from around July 2023, which prevented her from working at all, before she returned to part time work. She did not discuss this with the landlord. She has made some payments recently to reduce the arrears but also has several periods of non-payment of any rent. Ms Walsh said she currently works 3 days per week and hoped to return to full time work at the end of January 2024. She acknowledged she had not been paying rent regularly, nor had she made any arrangements for payment with the landlord.

In the circumstances, and given the evidence, I am not satisfied that the tenant will pay the rent arrears owing within any specified time, nor am I satisfied the tenant will not commit further rent arrears breaches. Therefore, the grounds are not proved for a conditional termination order.

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

The landlord provided rent records which prove the amount owing to 16 January 2024, which is $2,194.20. Weekly rent is $390.00 so daily rent is $55.71. A further 10 days’ rent @ $55.71/day is payable from 17 January 2024 to 26 January 2024, for a sub-total of $557.10. Therefore, the tenant owes the landlord a total of $2,751.30 in rent to 26 January 2024, which is the end of the tenancy.

The Bond Centre is to pay the bond of $1,240.00 (3147712-014) to East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani immediately.

Because East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani has wholly succeeded with the claim I must reimburse the filing fee.

Neither party requested suppression at or before the hearing.

Claims and awards in Tenancy Tribunal application 4773941 — net $1,531.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26.1.2024	$2,751.30	Rent arrears to 26.1.2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,531.74
Total payable by Tenant to Landlord	$1,531.74

Order

The tenancy of Elizabeth Dianne Walsh at 255 Stout Street, Mangapapa, Gisborne 4010 is terminated, and possession is granted to East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani, at 11:59pm on Friday 26 January 2024.
The Bond Centre is to pay the bond of $1,240.00 (3147712-014) to East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani immediately.
Elizabeth Dianne Walsh must pay East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani $1,531.74 immediately, calculated as shown in the table below:

Reasons

Mr Third attended the hearing on behalf of the landlord by teleconference. Ms Walsh, the tenant, also attended the hearing by teleconference.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The tenant, Ms Walsh, was keen to arrange for payment of rent arrears over time, in order to retain the tenancy.
The Tribunal can make a final or conditional termination order. The Tribunal must be satisfied that the tenant will pay any rent arrears within a specified time and that it is unlikely that the tenant will commit any further rent arrears breach in order to be able to make a conditional termination order, pursuant to section 55(1A) Residential Tenancies Act 1986 (“RTA”).
The landlord said the tenant has been served with a number of 14-day notices to remedy her rent arrears breaches but has not remedied the rent arrears. The landlord further maintained that the tenant was in rent arrears for a time also in 2022. Mr Third pointed out that Ms Walsh has been in arrears since early August 2023, and has failed to come through on several promises to pay rent arrears.
Ms Walsh said she had health issues from around July 2023, which prevented her from working at all, before she returned to part time work. She did not discuss this with the landlord. She has made some payments recently to reduce the arrears but also has several periods of non-payment of any rent. Ms Walsh said she currently works 3 days per week and hoped to return to full time work at the end of January 2024. She acknowledged she had not been paying rent regularly, nor had she made any arrangements for payment with the landlord.
In the circumstances, and given the evidence, I am not satisfied that the tenant will pay the rent arrears owing within any specified time, nor am I satisfied the tenant will not commit further rent arrears breaches. Therefore, the grounds are not proved for a conditional termination order.
Rent was at least 21 days in arrears on the date the application was filed. As such, the tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount owing to 16 January 2024, which is $2,194.20. Weekly rent is $390.00 so daily rent is $55.71. A further 10 days’ rent @ $55.71/day is payable from 17 January 2024 to 26 January 2024, for a sub-total of $557.10. Therefore, the tenant owes the landlord a total of $2,751.30 in rent to 26 January 2024, which is the end of the tenancy.
The Bond Centre is to pay the bond of $1,240.00 (3147712-014) to East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani immediately.
Because East Coast Realty Limited T/A Harcourts As Agent For Shamim Chagani has wholly succeeded with the claim I must reimburse the filing fee.
Neither party requested suppression at or before the hearing.

Tenancy Tribunal case 4773941 — Rent arrears at 255 Stout Street, Mangapapa, Gisborne 4010

At a glance

Tenancy Tribunal case 4773941 — Rent arrears at 255 Stout Street, Mangapapa, Gisborne 4010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions