What was the outcome of Tenancy Tribunal case 4785420?

The tribunal order states: Satnam Singh owes 360 Property Management Limited As Agent For Sally

How much money was awarded in case 4785420?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,340.00 awarded to landlord; Water Rates: $304.65 awarded to landlord

What type of tenancy dispute was case 4785420?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4785420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10043072-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4785420?

The tribunal order states: Satnam Singh owes 360 Property Management Limited As Agent For Sally

How much money was awarded in case 4785420?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,340.00 awarded to landlord; Water Rates: $304.65 awarded to landlord

What type of tenancy dispute was case 4785420?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4785420?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10043072-Tenancy_Tribunal_Order.pdf.

37A Berwyn Avenue, Takanini 2112 Tenancy Tribunal Case 4785420 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4785420 — net $2,665.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Thu 7 March 2024	$2,340.00	Rent arrears to Thu 7 March 2024
Water rates	$304.65	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,665.09
Total payable by Tenant to Landlord	$2,665.09

Satnam Singh owes 360 Property Management Limited As Agent For Sally Wong $2,665.09 (“the debt”).

The tenancy will end on Friday 26 April 2024 at 5pm and possession return to the landlord at that time unless earlier due to mutual agreement or he tenant failing to adhere to the conditional termination terms below.

Satnam Singh must pay rent and the debt as follows: a. By 6 weekly payments of $1,180.00, being $780.00 for rent and $400.00 for the debt. b. A final payment of $1,045.09, being $780.00 for rent and $265.09 for the debt. c. Payments will be every Friday, with the first payment on 08/03/2024 and continuing until 19/04/2024.

Payments will be allocated in the following order: rent, rent arrears, water rates, and the filing fee.

If the tenant fails to pay rent, rent arrears and water rates within 2 working days of the due dates: a. The tenancy at 37A Berwyn Avenue, Takanini 2112 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.

Note, given the rent cycle, a further one day of rent will be due (for 26 April 2024) at the end of the tenancy. That payment is not reflected in this conditional order.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call was answered and Satnam Singh joined the hearing.

The landlord has applied for termination of the tenancy, rent arrears, water rates, 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 (“RTA”).

The landlord had also varied its application earlier to seek termination per s 55(1)(a) RTA.

The tenant breached their obligations by failing to pay rent as due and remedy rent or water arrears. Numerous 14-day notices on the tenant have been served, as well a previous Tribunal application resolved at mediation. The breaches were not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant 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.

Another factor weighing on this decision was the tenant advice he will be moving out shortly as he is awaiting a final compliance sign-off on what will be his new home. Given that, but balancing the poor rent payment history to date, the tenancy will end on 26 April 2024, if not before, regardless. The conditions in this order are for the benefit of the landlord in case of any further failures to pay rent or the debt before the tenancy ends on that date.

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.

Because 360 Property Management Limited As Agent For Sally Wong has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4785420 — net $2,665.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Thu 7 March 2024	$2,340.00	Rent arrears to Thu 7 March 2024
Water rates	$304.65	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,665.09
Total payable by Tenant to Landlord	$2,665.09

Order

Satnam Singh owes 360 Property Management Limited As Agent For Sally Wong $2,665.09 (“the debt”).
The tenancy will end on Friday 26 April 2024 at 5pm and possession return to the landlord at that time unless earlier due to mutual agreement or he tenant failing to adhere to the conditional termination terms below.
Satnam Singh must pay rent and the debt as follows: a. By 6 weekly payments of $1,180.00, being $780.00 for rent and $400.00 for the debt. b. A final payment of $1,045.09, being $780.00 for rent and $265.09 for the debt. c. Payments will be every Friday, with the first payment on 08/03/2024 and continuing until 19/04/2024.
Payments will be allocated in the following order: rent, rent arrears, water rates, and the filing fee.
If the tenant fails to pay rent, rent arrears and water rates within 2 working days of the due dates: a. The tenancy at 37A Berwyn Avenue, Takanini 2112 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.
Note, given the rent cycle, a further one day of rent will be due (for 26 April 2024) at the end of the tenancy. That payment is not reflected in this conditional order.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call was answered and Satnam Singh joined the hearing.
The landlord has applied for termination of the tenancy, rent arrears, water rates, 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 (“RTA”).
The landlord had also varied its application earlier to seek termination per s 55(1)(a) RTA.
The tenant breached their obligations by failing to pay rent as due and remedy rent or water arrears. Numerous 14-day notices on the tenant have been served, as well a previous Tribunal application resolved at mediation. The breaches were not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant 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.
Another factor weighing on this decision was the tenant advice he will be moving out shortly as he is awaiting a final compliance sign-off on what will be his new home. Given that, but balancing the poor rent payment history to date, the tenancy will end on 26 April 2024, if not before, regardless. The conditions in this order are for the benefit of the landlord in case of any further failures to pay rent or the debt before the tenancy ends on that date.
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.
Because 360 Property Management Limited As Agent For Sally Wong has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4785420 — Rent arrears at 37A Berwyn Avenue, Takanini 2112

At a glance

Tenancy Tribunal case 4785420 — Rent arrears at 37A Berwyn Avenue, Takanini 2112

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