What was the outcome of Tenancy Tribunal case 4834995?

The tribunal order states: Rakesh Kumar and Mike Smith owes The Rent Shop Hobsonville Limited Sunil

How much money was awarded in case 4834995?

Rent Arrears: $4,061.43 awarded to landlord; Water Rates: $510.71 awarded to landlord

What type of tenancy dispute was case 4834995?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4834995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10608743-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4834995?

The tribunal order states: Rakesh Kumar and Mike Smith owes The Rent Shop Hobsonville Limited Sunil

How much money was awarded in case 4834995?

Rent Arrears: $4,061.43 awarded to landlord; Water Rates: $510.71 awarded to landlord

What type of tenancy dispute was case 4834995?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4834995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10608743-Tenancy_Tribunal_Order.pdf.

423 Don Buck Road, Massey, Auckland 0614 Tenancy Tribunal Case 4834995 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4834995 — net $4,572.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 16.7.24	$4,061.43	Rent arrears as at 16.7.24
Water rates	$510.71	Water rates
Net award	$4,572.14
Total payable by Tenant to Landlord	$4,572.14

Rakesh Kumar and Mike Smith owes The Rent Shop Hobsonville Limited Sunil Singh $4,572.14 (“the debt”).

Rakesh Kumar and Mike Smith must pay rent and the debt as follows: a. By paying weekly rent of $750.00 when due each week. b. By 9 weekly payments of $1,250.00, being $750.00 for rent and $500.00 for the debt. c. A final payment of $822.14, being $750.00 for rent and $72.14 for the debt. d. Payments will be every Friday, with the first payment on 09/08/2024 and continuing until 11/10/2024.

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

The tenant must keep his rent up to date by paying it on time each week when due.

If the tenant fails to pay rent when due each week, and rent and water arrears within 2 working days of the due dates: a. The tenancy at 423 Don Buck Road, Massey, Auckland 0614 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing by remote teleconference. There was no attendance by the tenant Mike Smith.

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 the rent on time. On 4 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.

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.

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.

Order

Claims and awards in Tenancy Tribunal application 4834995 — net $4,572.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 16.7.24	$4,061.43	Rent arrears as at 16.7.24
Water rates	$510.71	Water rates
Net award	$4,572.14
Total payable by Tenant to Landlord	$4,572.14

Rakesh Kumar and Mike Smith owes The Rent Shop Hobsonville Limited Sunil Singh $4,572.14 (“the debt”).

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

The tenant must keep his rent up to date by paying it on time each week when due.

Reasons

Both parties attended the hearing by remote teleconference. There was no attendance by the tenant Mike Smith.

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?

Tenancy Tribunal case 4834995 — Rent arrears at 423 Don Buck Road, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 4834995 — Rent arrears at 423 Don Buck Road, Massey, Auckland 0614

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