What was the outcome of Tenancy Tribunal case 4852165?

The tribunal order states: By consent, the tenancy of Trinity Clare Fasi at 49 Sydney Street, Windsor,

How much money was awarded in case 4852165?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,111.43 awarded to landlord

What type of tenancy dispute was case 4852165?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4852165?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10308825-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4852165?

The tribunal order states: By consent, the tenancy of Trinity Clare Fasi at 49 Sydney Street, Windsor,

How much money was awarded in case 4852165?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,111.43 awarded to landlord

What type of tenancy dispute was case 4852165?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4852165?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10308825-Tenancy_Tribunal_Order.pdf.

49 Sydney Street, Windsor, Invercargill 9810 Tenancy Tribunal Case 4852165 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4852165 — net $2,131.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 May 2024	$2,111.43	Rent arrears to 8 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,131.87
Total payable by Tenant to Landlord	$2,131.87

By consent, the tenancy of Trinity Clare Fasi at 49 Sydney Street, Windsor, Invercargill 9810 will terminate on Thursday 13 June 2024 pursuant to a 90-day notice issued by Invercargill Property Management Limited.

Trinity Clare Fasi owes Invercargill Property Management Limited $2,131.87 (“the debt”), calculated as shown in the table below:

Until the end of the tenancy on 13 June 2024 Trinity Clare Fasi must pay rent and the debt as follows: a. By weekly payments of $500.00, each Thursday commencing Thursday 9 May 2024 for the rent. b. By weekly payments of $350.00, each Tuesday commencing Tuesday 14 May 2024 for the debt.

Payments will be allocated in the following order: rent, rent arrears, and the filing fee. DescriptionLandlord Rent arrears to 8 May 2024$2,111.43 Filing fee reimbursement$20.44 Total award$2,131.87 Total payable by Tenant to Landlord$2,131.87

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 49 Sydney Street, Windsor, Invercargill 9810 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 within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which took place by teleconference.

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.

The tenant advised that the tenancy is ending on 13 June 2024 pursuant to a 90-day notice she has received from the landlord. She sought to remain in the premises until 13 June 2024.

The landlord opposed a conditional termination and sought immediate termination of the tenancy. The property manager expressed concern about the erratic rent payment of the tenant and damage to the premises. There is no application or evidence filed in relation to damages so I am not able to consider this today.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

The tenant rented these premises in October 2021 and lived there with her children.

There was a change in property management in February 2024.

The rent records show that the tenant paid rent regularly and was not in arrears for over two years from October 2021 until early February 2024.

Both parties gave evidence and there appear to be a number of factors that affected the difficulties of the last three months including the change in management and some confusion on the part of the tenant as to where rent was being paid. the tenant moving from a WINZ benefit to employment and family difficulties.

The tenant advised that she has now obtained extra work hours and has been to Jubiliee budgeting service and made arrangement to pay $500 each Thursday towards her rent and $350 each Tuesday towards the arrears until the end of the tenancy.

I am satisfied the tenant will pay towards the debt within the period specified in the order and is unlikely to commit any further relevant breach if she keeps to the plan she has proposed. I have granted a conditional termination order.

If the payment plan is complied with there will still be a small rent arrears balance remaining at the end of the tenancy and this will be included in vacated costs at that time.

If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Because Invercargill Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4852165 — net $2,131.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 May 2024	$2,111.43	Rent arrears to 8 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,131.87
Total payable by Tenant to Landlord	$2,131.87

Order

By consent, the tenancy of Trinity Clare Fasi at 49 Sydney Street, Windsor, Invercargill 9810 will terminate on Thursday 13 June 2024 pursuant to a 90-day notice issued by Invercargill Property Management Limited.
Trinity Clare Fasi owes Invercargill Property Management Limited $2,131.87 (“the debt”), calculated as shown in the table below:
Until the end of the tenancy on 13 June 2024 Trinity Clare Fasi must pay rent and the debt as follows: a. By weekly payments of $500.00, each Thursday commencing Thursday 9 May 2024 for the rent. b. By weekly payments of $350.00, each Tuesday commencing Tuesday 14 May 2024 for the debt.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee. DescriptionLandlord Rent arrears to 8 May 2024$2,111.43 Filing fee reimbursement$20.44 Total award$2,131.87 Total payable by Tenant to Landlord$2,131.87
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 49 Sydney Street, Windsor, Invercargill 9810 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 within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which took place by teleconference.
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.
The tenant advised that the tenancy is ending on 13 June 2024 pursuant to a 90-day notice she has received from the landlord. She sought to remain in the premises until 13 June 2024.
The landlord opposed a conditional termination and sought immediate termination of the tenancy. The property manager expressed concern about the erratic rent payment of the tenant and damage to the premises. There is no application or evidence filed in relation to damages so I am not able to consider this today.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
The tenant rented these premises in October 2021 and lived there with her children.
There was a change in property management in February 2024.
The rent records show that the tenant paid rent regularly and was not in arrears for over two years from October 2021 until early February 2024.
Both parties gave evidence and there appear to be a number of factors that affected the difficulties of the last three months including the change in management and some confusion on the part of the tenant as to where rent was being paid. the tenant moving from a WINZ benefit to employment and family difficulties.
The tenant advised that she has now obtained extra work hours and has been to Jubiliee budgeting service and made arrangement to pay $500 each Thursday towards her rent and $350 each Tuesday towards the arrears until the end of the tenancy.
I am satisfied the tenant will pay towards the debt within the period specified in the order and is unlikely to commit any further relevant breach if she keeps to the plan she has proposed. I have granted a conditional termination order.
If the payment plan is complied with there will still be a small rent arrears balance remaining at the end of the tenancy and this will be included in vacated costs at that time.
If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
Because Invercargill Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4852165 — Rent arrears at 49 Sydney Street, Windsor, Invercargill 9810

At a glance

Tenancy Tribunal case 4852165 — Rent arrears at 49 Sydney Street, Windsor, Invercargill 9810

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