What was the outcome of Tenancy Tribunal case 4826057?

The tribunal order states: The tenancy of Debbie Young and Doug Harvey at 1138 Drain Road, Leeston,

How much money was awarded in case 4826057?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4321468 D…: $20,720.00 awarded to landlord; Rent Arrears: $3,820.00 awarded to landlord

What type of tenancy dispute was case 4826057?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10139788-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4826057?

The tribunal order states: The tenancy of Debbie Young and Doug Harvey at 1138 Drain Road, Leeston,

How much money was awarded in case 4826057?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4321468 D…: $20,720.00 awarded to landlord; Rent Arrears: $3,820.00 awarded to landlord

What type of tenancy dispute was case 4826057?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4826057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10139788-Tenancy_Tribunal_Order.pdf.

1138 Drain Road, Leeston, RD 2, Leeston 7682 Tenancy Tribunal Case 4826057 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4826057 — net $24,560.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3/4/24	$3,820.00	Rent arrears to 3/4/24
Previous order application 4321468 dated 08/12/2021	$20,720.00	6. By virtue of the 2021 Order the tenants were to pay $20,720 in arrears to 8 December
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$24,560.44
Total payable by Tenant to Landlord	$24,560.44

The tenancy of Debbie Young and Doug Harvey at 1138 Drain Road, Leeston, RD 2, Leeston 7682 is terminated, and possession is granted to Lois Paton - as agent for David & Carrie Irvine and David Bruce Irvine, at 11.59pm on Wednesday 3 April 2024.

Debbie Young and Doug Harvey must pay Lois Paton - as agent for David & Carrie Irvine and David Bruce Irvine $24,560.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing that took place by telephone. Mr Harvey attended for the tenants. He says Ms Young did not have a telephone so he could not give me a number to call her on.

Lois Paton attended as the agent for the landlords. She is named in the tenancy agreement and she says the landlord is presently overseas for medical treatment. She says the landlord has been overseas for over 21 days and she is the landlord’s appointed agent. I have no reason to doubt this particularly as she is named on the tenancy agreement.

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

The landlord provided rent records which prove the amount owing at the end of the tenancy. There was a minor discrepancy, as discussed in the hearing where one day (8 December 2021) had been counted for twice but I have remedied that in my order.

In 2021 the parties came to an agreement in relation to older arrears that were outstanding in December 2021 in application number 4321468. This resulted in a sealed order of the Tribunal (the 2021 Order).

By virtue of the 2021 Order the tenants were to pay $20,720 in arrears to 8 December 2021. They also needed to continue to pay their current rent.

The payment plan that was agreed in the 2021 Order was not adhered to. However, despite the breach the landlord did not enforce the conditional termination order or the debt and can no longer seek possession based on the 2021 Order due to the length of time that has passed (s 64 Residential Tenancies Act 1986).

The landlord’s rent summary has recorded all of the payments by the tenants made since the 2021 Order was made. Since the order was made all of the payments made by the tenants (for debt and current rent) total $47,000.

From 9 December 2021 (the day following the 2021 Order) to today’s date the total rent that is payable at $420 a week is $50,400 ($420 x 120 weeks). The amount in the 2021 Order is $20,720. $50,400 plus $20,720 = $71,120.00 being payable. $71,120.00 minus the $47,000 that has been paid is $24,120 outstanding.

Therefore, including the sum set out in the 2021 Order (and giving credit for the sums paid in relation to that order) this leaves $24,120 outstanding as at today’s date.

Given the existence of the 2021 Order (transforming arrears into an enforceable debt), I have carefully considered if rent was 21 days in arrears at the date the application was made on 3 March 2024 and am satisfied this is the case.

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

In making my decision I considered the tenants’ position as Mr Harvey says he could get a loan and Mr Harvey now has a job where he says he can start to make payment. However, there is no evidence that the tenants have made any attempt to recently pay debt or rent. No payment has been forthcoming for many months.

I do not consider this an appropriate case for a conditional termination order. I am not satisfied the tenants are in a position to repay the sum owed within a reasonable period or that they will not breach a conditional order if one is made. The tenants did not pay in accordance with the payment plan when required as per the 2021 Order.

As explained at the hearing the landlord is entitled to possession. In cases such as this, immediate possession may be ordered. However, the landlord was willing to agree to allow the tenant another one week to remain. I have therefore ordered arrears to 3 April 2024 and grant the landlord possession from this date (adding an additional week’s rent of $420 to the owing $24,120 totals $24,540 as set out in my order).

I heard how the tenant needed more time however I consider a week to be reasonable given the arrears involved.

The 2021 Order has been incorporated into this order and so order 4321468 should no longer be relied upon or enforced. If the landlord needs to enforce this order via Collections this order (4826057) should be used.

The landlord sought the bond to be applied to the debt. I have made investigations with the Bond Centre and cannot locate a bond for these tenants. Therefore, this cannot be ordered.

I award the filing fee as the landlord has been wholly successful.

Claims and awards in Tenancy Tribunal application 4826057 — net $24,560.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3/4/24	$3,820.00	Rent arrears to 3/4/24
Previous order application 4321468 dated 08/12/2021	$20,720.00	6. By virtue of the 2021 Order the tenants were to pay $20,720 in arrears to 8 December
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$24,560.44
Total payable by Tenant to Landlord	$24,560.44

Order

The tenancy of Debbie Young and Doug Harvey at 1138 Drain Road, Leeston, RD 2, Leeston 7682 is terminated, and possession is granted to Lois Paton - as agent for David & Carrie Irvine and David Bruce Irvine, at 11.59pm on Wednesday 3 April 2024.
Debbie Young and Doug Harvey must pay Lois Paton - as agent for David & Carrie Irvine and David Bruce Irvine $24,560.44 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing that took place by telephone. Mr Harvey attended for the tenants. He says Ms Young did not have a telephone so he could not give me a number to call her on.
Lois Paton attended as the agent for the landlords. She is named in the tenancy agreement and she says the landlord is presently overseas for medical treatment. She says the landlord has been overseas for over 21 days and she is the landlord’s appointed agent. I have no reason to doubt this particularly as she is named on the tenancy agreement.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
The landlord provided rent records which prove the amount owing at the end of the tenancy. There was a minor discrepancy, as discussed in the hearing where one day (8 December 2021) had been counted for twice but I have remedied that in my order.
In 2021 the parties came to an agreement in relation to older arrears that were outstanding in December 2021 in application number 4321468. This resulted in a sealed order of the Tribunal (the 2021 Order).
By virtue of the 2021 Order the tenants were to pay $20,720 in arrears to 8 December 2021. They also needed to continue to pay their current rent.
The payment plan that was agreed in the 2021 Order was not adhered to. However, despite the breach the landlord did not enforce the conditional termination order or the debt and can no longer seek possession based on the 2021 Order due to the length of time that has passed (s 64 Residential Tenancies Act 1986).
The landlord’s rent summary has recorded all of the payments by the tenants made since the 2021 Order was made. Since the order was made all of the payments made by the tenants (for debt and current rent) total $47,000.
From 9 December 2021 (the day following the 2021 Order) to today’s date the total rent that is payable at $420 a week is $50,400 ($420 x 120 weeks). The amount in the 2021 Order is $20,720. $50,400 plus $20,720 = $71,120.00 being payable. $71,120.00 minus the $47,000 that has been paid is $24,120 outstanding.
Therefore, including the sum set out in the 2021 Order (and giving credit for the sums paid in relation to that order) this leaves $24,120 outstanding as at today’s date.
Given the existence of the 2021 Order (transforming arrears into an enforceable debt), I have carefully considered if rent was 21 days in arrears at the date the application was made on 3 March 2024 and am satisfied this is the case.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
In making my decision I considered the tenants’ position as Mr Harvey says he could get a loan and Mr Harvey now has a job where he says he can start to make payment. However, there is no evidence that the tenants have made any attempt to recently pay debt or rent. No payment has been forthcoming for many months.
I do not consider this an appropriate case for a conditional termination order. I am not satisfied the tenants are in a position to repay the sum owed within a reasonable period or that they will not breach a conditional order if one is made. The tenants did not pay in accordance with the payment plan when required as per the 2021 Order.
As explained at the hearing the landlord is entitled to possession. In cases such as this, immediate possession may be ordered. However, the landlord was willing to agree to allow the tenant another one week to remain. I have therefore ordered arrears to 3 April 2024 and grant the landlord possession from this date (adding an additional week’s rent of $420 to the owing $24,120 totals $24,540 as set out in my order).
I heard how the tenant needed more time however I consider a week to be reasonable given the arrears involved.
The 2021 Order has been incorporated into this order and so order 4321468 should no longer be relied upon or enforced. If the landlord needs to enforce this order via Collections this order (4826057) should be used.
The landlord sought the bond to be applied to the debt. I have made investigations with the Bond Centre and cannot locate a bond for these tenants. Therefore, this cannot be ordered.
I award the filing fee as the landlord has been wholly successful.

Tenancy Tribunal case 4826057 — Rent arrears at 1138 Drain Road, Leeston, RD 2, Leeston 7682

At a glance

Tenancy Tribunal case 4826057 — Rent arrears at 1138 Drain Road, Leeston, RD 2, Leeston 7682

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions