What was the outcome of Tenancy Tribunal case 4817837?

The tribunal order states: Danielle Murphy owes Reliable Rental Management Limited As Agent For Js

How much money was awarded in case 4817837?

Rent Arrears: $1,640.00 awarded to landlord; Water Rates: $249.82 awarded to landlord

What type of tenancy dispute was case 4817837?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4817837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10233001-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4817837?

The tribunal order states: Danielle Murphy owes Reliable Rental Management Limited As Agent For Js

How much money was awarded in case 4817837?

Rent Arrears: $1,640.00 awarded to landlord; Water Rates: $249.82 awarded to landlord

What type of tenancy dispute was case 4817837?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4817837?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10233001-Tenancy_Tribunal_Order.pdf.

45 Eastburn Street, Papakura, Papakura 2110 Tenancy Tribunal Case 4817837 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4817837. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 19/4/2024	$1,640.00		Rent arrears to 19/4/2024
Water rates	$249.82		Water rates

Danielle Murphy owes Reliable Rental Management Limited As Agent For Js And Sons Investments Ltd $1,889.82 (“the debt”).

Danielle Murphy must pay rent and the debt as follows: a. By weekly payments of $880.00, being $680.00 for rent and $200.00 for the debt. b. Payments will be every Friday, with the first payment on 26/04/2024 and continuing until .

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 45 Eastburn Street, Papakura, Papakura 2110 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 and water arrears within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video link and could not be contacted on her phone either, despite multiple attempts.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant has indicated that she 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 the rent as it has fallen due. On 12 and 29 February 2024 and 1 March 2024 the landlord served a 14- day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because the rent has been substantially in arrears since soon after the tenancy began.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant wants to stay living at the property and 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 should leave the additional $200 payment in place until the water rates are also paid, and her rent is paid in advance as required by her tenancy agreement.

Order

Claims and awards in Tenancy Tribunal application 4817837. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 19/4/2024	$1,640.00		Rent arrears to 19/4/2024
Water rates	$249.82		Water rates

Danielle Murphy owes Reliable Rental Management Limited As Agent For Js And Sons Investments Ltd $1,889.82 (“the debt”).

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

If the tenant fails to pay the filing fee and water arrears within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video link and could not be contacted on her phone either, despite multiple attempts.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant has indicated that she wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

The tenant should leave the additional $200 payment in place until the water rates are also paid, and her rent is paid in advance as required by her tenancy agreement.

Tenancy Tribunal case 4817837 — Rent arrears at 45 Eastburn Street, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4817837 — Rent arrears at 45 Eastburn Street, Papakura, Papakura 2110

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions