What was the outcome of Tenancy Tribunal case 4799638?

The tribunal order states: Reihana Pou must pay Layton Holdings Limited T/A Quinovic Property

How much money was awarded in case 4799638?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $520.00 awarded to landlord

What type of tenancy dispute was case 4799638?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4799638?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10137475-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4799638?

The tribunal order states: Reihana Pou must pay Layton Holdings Limited T/A Quinovic Property

How much money was awarded in case 4799638?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $520.00 awarded to landlord

What type of tenancy dispute was case 4799638?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4799638?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10137475-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 51 Hills Road, Edgeware, Christchurch 8013 Tenancy Tribunal Case 4799638 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4799638 — net $540.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 March 2024	$520.00	Rent arrears (to 26 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$540.44
Total payable by Tenant to Landlord	$540.44

Reihana Pou must pay Layton Holdings Limited T/A Quinovic Property Management as agent for Grant and Leane Radonvanovich $540.44 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears (to 26 March 2024)$520.00 Filing fee reimbursement$20.44 Total award$540.44 Total payable by Tenant to Landlord$540.44

The application for termination is dismissed.

Reasons

Both parties attended a hearing by telephone on 26 March 2024.

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

Rent was not 21 days in arrears on the date the application was filed or the date of hearing. See section 55(1)(a) and 56(2) Residential Tenancies Act 1986 (RTA).

The application for termination has been considered under s56 RTA; for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.

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.

The tenant has breached their obligations by failing to pay rent as it falls due under the Tenancy Agreement.

The landlord served a 14-day notice on the tenant on 19 January 2024, and the tenant did not remedy the breach within the required period. The tenant did bring the rent up to date on 19 March 2024, but failed to pay the week in advance due on 20 March 2024.

The tenant gave evidence of the reason he fell into arrears. He also said that he has taken in a boarder and their contribution to the rent will be paid directly to the landlord. There was to be a payment of $1,020.00 on 26 March 2024, but that had not been receipted by the landlord by the time of the hearing.

The landlord’s evidence did not establish that it would be inequitable to refuse to terminate the tenancy. Rent payments have been inconsistent but were brought up to date. The tenant’s family circumstances have also been a factor in my decision.

However, if the tenant falls into arrears again, he is at very high risk of his tenancy being terminated. The tenant should see this as his last chance to pay rent on time.

How much does the tenant owe?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I have awarded the amount owing, at the time of the hearing. The amount will reduce if the landlord receives the payment referred to by the tenant at the hearing.

As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 4799638 — net $540.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 26 March 2024	$520.00	Rent arrears (to 26 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$540.44
Total payable by Tenant to Landlord	$540.44

The application for termination is dismissed.

Reasons

Both parties attended a hearing by telephone on 26 March 2024.

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

Rent was not 21 days in arrears on the date the application was filed or the date of hearing. See section 55(1)(a) and 56(2) Residential Tenancies Act 1986 (RTA).

The application for termination has been considered under s56 RTA; for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.

The tenant has breached their obligations by failing to pay rent as it falls due under the Tenancy Agreement.

However, if the tenant falls into arrears again, he is at very high risk of his tenancy being terminated. The tenant should see this as his last chance to pay rent on time.

How much does the tenant owe?

As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4799638 — Rent arrears at Unit/Flat 6, 51 Hills Road, Edgeware, Christchurch 8013

At a glance

Tenancy Tribunal case 4799638 — Rent arrears at Unit/Flat 6, 51 Hills Road, Edgeware, Christchurch 8013

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions