How much money was awarded in case 4839145?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,107.14 awarded to landlord

What type of tenancy dispute was case 4839145?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4839145?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10209588-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4839145?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,107.14 awarded to landlord

What type of tenancy dispute was case 4839145?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4839145?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10209588-Tenancy_Tribunal_Order.pdf.

31 Ballance Street, Aramoho, Whanganui 4500 Tenancy Tribunal Case 4839145 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4839145?

The tribunal order states: Malcolm Barron and Kathleen Mantle-Timmins owes Inspire Real Estate Limited

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Order

Claims and awards in Tenancy Tribunal application 4839145 — net $2,127.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024	$2,107.14	Rent arrears to 15 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,127.58
Total payable by Tenant to Landlord	$2,127.58

Malcolm Barron and Kathleen Mantle-Timmins owes Inspire Real Estate Limited As Agent Charles Tiki Hunia And Nichola Jeanne Hunia $2,127.58 (“the debt”).

Malcolm Barron and Kathleen Mantle-Timmins must pay rent and the debt by

00pm on Friday 19 April 2024.

If the tenant fails to pay rent and rent arrears by the due date: a. The tenancy at 31 Ballance Street, Aramoho, Whanganui 4500 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 by the due date, the filing fee will be payable immediately.

Reasons

Both parties, Ms Ditchfield and Mr Barron attended the hearing by telephone. Ms Mantle-Timmins did not answer the telephone call made by the Tribunal on the phone number provided.

The landlord has applied for conditional termination of the tenancy, rent arrears, reimbursement of the filing fee and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

By consent, the Tenant agreed to pay the amount of rent arrears owing to the Landlord by 19 April 2024. The Tenant submitted it should be paid earlier on 17 April 2024.

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 their rent when due. On 29 February 2024, the landlord served a 14-day notice on the tenants but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the Tenants have been in rent arrears since the end of January 2024.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenants will pay the debt within the period specified in the order and are unlikely to commit any further breach. The debt was incurred by Ms Mantle-Timmins who failed to pay her half of the rent due to extenuating circumstances which caused the rent arrears. Ms Mantle-Timmins has contacted Work and Income New Zealand and arranged to have her benefit reinstated. It is anticipated that the outstanding rent arrears will be paid by 17 April 2024. Prior to January 2024, the Tenants generally paid their rent on time. I have therefore 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 landlord has applied for rent arrears and has provided rent records which prove the amount owing.

As Inspire Real Estate Limited As Agent Charles Tiki Hunia And Nichola Jeanne Hunia has wholly succeeded with the claim the Tenants must reimburse the filing fee. Name suppression has not been sought by either party so an Order has not been made for this.

Order

Claims and awards in Tenancy Tribunal application 4839145 — net $2,127.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024	$2,107.14	Rent arrears to 15 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,127.58
Total payable by Tenant to Landlord	$2,127.58

Malcolm Barron and Kathleen Mantle-Timmins owes Inspire Real Estate Limited As Agent Charles Tiki Hunia And Nichola Jeanne Hunia $2,127.58 (“the debt”).

Malcolm Barron and Kathleen Mantle-Timmins must pay rent and the debt by

00pm on Friday 19 April 2024.

If the tenant fails to pay the filing fee by the due date, the filing fee will be payable immediately.

Reasons

Both parties, Ms Ditchfield and Mr Barron attended the hearing by telephone. Ms Mantle-Timmins did not answer the telephone call made by the Tribunal on the phone number provided.

By consent, the Tenant agreed to pay the amount of rent arrears owing to the Landlord by 19 April 2024. The Tenant submitted it should be paid earlier on 17 April 2024.

Should a conditional termination order be made?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing.

Tenancy Tribunal case 4839145 — Rent arrears at 31 Ballance Street, Aramoho, Whanganui 4500

At a glance

Tenancy Tribunal case 4839145 — Rent arrears at 31 Ballance Street, Aramoho, Whanganui 4500

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