What was the outcome of Tenancy Tribunal case 4777878?

The tribunal order states: Anne Mclean owes Holmwood Real Estate Limited T/A Harcourts As Agent For

How much money was awarded in case 4777878?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,114.29 awarded to landlord

What type of tenancy dispute was case 4777878?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777878?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10040751-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4777878?

The tribunal order states: Anne Mclean owes Holmwood Real Estate Limited T/A Harcourts As Agent For

How much money was awarded in case 4777878?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,114.29 awarded to landlord

What type of tenancy dispute was case 4777878?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4777878?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10040751-Tribunal_Order.pdf.

Unit/Flat 9, 182 Chester Street East, Christchurch Central, Tenancy Tribunal Case 4777878 — Rent arrears

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Unit/Flat 9, 182 Chester Street East, Christchurch Central, Tenancy Tribunal Case 4777878 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4777878 — net $1,134.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/2/2024	$1,114.29	Rent arrears to 21/2/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,134.73
Total payable by Tenant to Landlord	$1,134.73

Claims and awards for application 4777878 — net $1,134.73 NZD. Verify on MoJ.

Rent arrears to 21/2/2024

Amount: $1,114.29
Awarded to: Landlord
Reason: Rent arrears to 21/2/2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,134.73

Total payable by Tenant to Landlord

Landlord $1,134.73

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Anne Mclean owes Holmwood Real Estate Limited T/A Harcourts As Agent For Rachel Hewett $1,134.73 (“the debt”).
Anne Mclean must pay rent and the debt as follows: a. By one payment of $1114.29 for the rent debt due by Thursday 29 February 2024. b. Weekly rent payments of $650 due Thursday 22 and then Thursday 29 February 2024 and every Thursday thereafter.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 9, 182 Chester Street East, Christchurch Central, Christchurch 8011 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.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 as required. On 24/12/2023 and 8/1/2024 the landlord served a 14-day notice, the first notice was remedied but the second was not (the rent remained 3 days in arrears at the expiry of the 14 day notice period. The rent continues to be in arrears and the landlord is requesting termination.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence and considered that part of the reason for the breach is a calculation error in a previous Tribunal order and that the tenant has Covid and currently cannot work, I am satisfied she will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. 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.
The tenant is to pay the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4777878 — net $1,134.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/2/2024	$1,114.29	Rent arrears to 21/2/2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,134.73
Total payable by Tenant to Landlord	$1,134.73

Claims and awards for application 4777878 — net $1,134.73 NZD. Verify on MoJ.

Rent arrears to 21/2/2024

Amount: $1,114.29
Awarded to: Landlord
Reason: Rent arrears to 21/2/2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,134.73

Total payable by Tenant to Landlord

Landlord $1,134.73

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Anne Mclean owes Holmwood Real Estate Limited T/A Harcourts As Agent For Rachel Hewett $1,134.73 (“the debt”).
Anne Mclean must pay rent and the debt as follows: a. By one payment of $1114.29 for the rent debt due by Thursday 29 February 2024. b. Weekly rent payments of $650 due Thursday 22 and then Thursday 29 February 2024 and every Thursday thereafter.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit/Flat 9, 182 Chester Street East, Christchurch Central, Christchurch 8011 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.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 as required. On 24/12/2023 and 8/1/2024 the landlord served a 14-day notice, the first notice was remedied but the second was not (the rent remained 3 days in arrears at the expiry of the 14 day notice period. The rent continues to be in arrears and the landlord is requesting termination.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence and considered that part of the reason for the breach is a calculation error in a previous Tribunal order and that the tenant has Covid and currently cannot work, I am satisfied she will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. 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.
The tenant is to pay the filing fee.

Tenancy Tribunal case 4777878 — Rent arrears at Unit/Flat 9, 182 Chester Street East, Christchurch Central,

At a glance

Tenancy Tribunal case 4777878 — Rent arrears at Unit/Flat 9, 182 Chester Street East, Christchurch Central,

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