What was the outcome of Tenancy Tribunal case 4854980?

The tribunal order states: Marie Woolley owes Jade Rental Properties Limited $435.12 (“the debt”) in

How much money was awarded in case 4854980?

Electricity Arrears: $414.68 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4854980?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4854980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10420228-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4854980?

The tribunal order states: Marie Woolley owes Jade Rental Properties Limited $435.12 (“the debt”) in

How much money was awarded in case 4854980?

Electricity Arrears: $414.68 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4854980?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4854980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10420228-Tenancy_Tribunal_Order.pdf.

206 Matai Road, Raumati Beach, Paraparaumu 5032 Tenancy Tribunal Case 4854980 — 14-day notice

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Order

Claims and awards in Tenancy Tribunal application 4854980. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Electricity arrears	$414.68		Electricity arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement

Marie Woolley owes Jade Rental Properties Limited $435.12 (“the debt”) in accordance with the following table:

Marie Woolley must pay the debt on or before Wednesday 12 June 2024.

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

If Marie Woolley fails to pay the electricity arrears within 2 working days of 12 June 2024: a. The tenancy at 206 Matai Road, Raumati Beach, Paraparaumu 5032 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If Marie Woolley fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The landlord attended the hearing. There was no appearance for Ms Woolley although I stood the hearing down for 10 minutes to enable her to attend. Ms Foote advised that she had told them she was ill, and she had applied for an adjournment. She also advises that Ms Woolley has used the reasoning of being ill a number of times for her lack of engagement in the last few months.

As no adjournment had been received, and Ms Woolley was aware of the hearing, it went ahead in her absence.

The landlord has applied for termination of the tenancy on the basis of Ms Woolley’s failure to pay her electricity invoices.

Ms Foote provided evidence of the amount owing, including the calculations of the separate metre for this unit which is under the owner’s home. She demonstrated that Ms Woolley has paid $45 towards her electricity since she commenced the tenancy in October 2023, but nothing further and is now in debt. She says Ms Woolley will not engage with them or allow them to undertake inspections.

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 (RTA).

The evidence has established that Ms Woolley has breached her obligations by failing to pay her electricity bills in accordance with her tenancy agreement. On 25 March 2024 the landlord served a 14-day notice on Ms Woolley, but the breach was not remedied within the required period.

Despite this breach, given the relatively low amount owing, I consider it would be inequitable to terminate the tenancy without providing Ms Woolley one more opportunity to clear her debt. 1

Accordingly, I have granted a conditional termination. See section 78(3) RTA. This means that Ms Woolley has one week in which to pay this debt otherwise the landlord may terminate the tenancy.

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) RTA. 1 Section 85 of the RTA

Because Jade Rental Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4854980. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Electricity arrears	$414.68		Electricity arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement

Marie Woolley owes Jade Rental Properties Limited $435.12 (“the debt”) in accordance with the following table:

Marie Woolley must pay the debt on or before Wednesday 12 June 2024.

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

If Marie Woolley fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

As no adjournment had been received, and Ms Woolley was aware of the hearing, it went ahead in her absence.

The landlord has applied for termination of the tenancy on the basis of Ms Woolley’s failure to pay her electricity invoices.

Despite this breach, given the relatively low amount owing, I consider it would be inequitable to terminate the tenancy without providing Ms Woolley one more opportunity to clear her debt. 1

Accordingly, I have granted a conditional termination. See section 78(3) RTA. This means that Ms Woolley has one week in which to pay this debt otherwise the landlord may terminate the tenancy.

Because Jade Rental Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4854980 — 14-day notice at 206 Matai Road, Raumati Beach, Paraparaumu 5032

At a glance

Tenancy Tribunal case 4854980 — 14-day notice at 206 Matai Road, Raumati Beach, Paraparaumu 5032

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions