What was the outcome of Tenancy Tribunal case 4884980?

The tribunal order states: Georgia Whittle owes Prestige Rental Management Limited as agent for Liping

How much money was awarded in case 4884980?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,737.14 awarded to landlord; Water Rates: $18.90 awarded to landlord

What type of tenancy dispute was case 4884980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4884980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10577347-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4884980?

The tribunal order states: Georgia Whittle owes Prestige Rental Management Limited as agent for Liping

How much money was awarded in case 4884980?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,737.14 awarded to landlord; Water Rates: $18.90 awarded to landlord

What type of tenancy dispute was case 4884980?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4884980?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10577347-Tenancy_Tribunal_Order.pdf.

50 Norwood Drive, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4884980 — Rent arrears

Claims and awards in Tenancy Tribunal application 4884980 — net $1,776.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2024	$1,737.14	Rent arrears to 12 July 2024
Water rates	$18.90	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,776.48
Total payable by Tenant to Landlord	$1,776.48

Order

Georgia Whittle owes Prestige Rental Management Limited as agent for Liping Zhang $1,776.48 (“the debt”) as detailed in the table below.
Georgia Whittle must pay rent and the debt as follows: a. By 1 weekly payment of $640.00 for rent in advance covering the period from 15/07/2024 – 21/07/2024 to be paid on or before 18 July 2024. b. By 17 weekly payments of $740.00, being $640.00 for rent and $100.00 for the debt. c. A final payment of $716.48, being $640.00 for rent and $76.48 for the debt. d. Payments will be every Monday, with the first payment on 22/07/2024 and continuing until 18/11/2024.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 50 Norwood Drive, Flat Bush, Auckland 2019 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 water rates and filing fee within 2 working days of the due dates, the water rates and filing fee will be payable immediately.
Georgia Whittle must pay Prestige Rental Management Limited as agent for Liping Zhang $1,776.48 being rent arrears to 12 July 2024, water rates and the filing fee.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and water rates. The tenant wants to repay the debt to avoid immediate termination.
As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities. Background
The tenancy began on 10 July 2023.
The rent is $640.00 per week and is to be paid one week in advance.
The bond is $2,560.00.
The tenant first fell into arrears of one week on 23 October 2023. This was cleared on 17 November 2023. The tenant fell into arrears of one week again on 20 November 2023. These arrears were not cleared by the tenant, who also missed payments of rent on 11 December 2023 and 15 January 2024. Overall, the tenant has regularly paid their rent since 15 January 2024. The tenant has made three extra payments of rent on 3 May 2024, 19 June 2024 and 5 July 2024 to try and clear the arrears however, due to the requirement that rent be paid one week in advance, the tenant has not been able to clear the arrears. Accuracy of the Landlord’s rent summary
The tenant challenged the accuracy of the landlord’s rent summary, advising the Tribunal that they had made extra payments of rent that had not been recorded in the rent summary. The tenant disputed that they had ever been three weeks behind in their payment of rent. The tenant provided the Tribunal with a copy of their own bank statements recording their payment of rent.
I have reconciled the tenant’s bank statements with the rent summary provided by the landlord and am satisfied that the landlord’s rent summary is correct. Extra payments of the full rental amount of $640.00 paid by the tenant have been credited towards either rent or rent arrears however, extra payments not amounting to the full rental amount have been credited towards outstanding water rates. For example, on 18 December 2023, the tenant made a payment of $700.00. The landlord apportioned this payment as being $640.00 for rent and $60.00 for outstanding water rates. Similarly, on 3 January 2023, the tenant made a payment of $650.00. The landlord apportioned this payment as being $640.00 for rent and $10.00 for outstanding water rates.
During the hearing, it became clear that the tenant was confused by the concept of rent in advance and how this affects additional payments of rent. I consider this misunderstanding to be the primary reason why the tenant has fallen into arrears and the basis of her challenge to the accuracy of the landlord’s rent summary. As indicated above, I find the landlord’s rent summary to be accurate and proceed on this basis.

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 Tribunal can only make a conditional termination order if it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal and is unlikely to commit a further breach.
The application was filed on 10 May 2024. The rent was in arrears of $1,920.00 (21 days) on this date. At the date of the hearing, the rent was in arrears of $1,645.71 (18 days).
When questioned about the reason for the arrears, the tenant advised the Tribunal that her former partner had been responsible for the payment of rent before he was sentenced to a term of imprisonment in late December 2023. Since then, the tenant had assumed responsibility for the payment of rent. The tenant advised the Tribunal that the missed rental payments in October, November and December 2023 were due to her former partner’s oversight. Since she had assumed responsibility for paying the rent, it had been consistently paid. The tenant acknowledged that there was a missed payment of rent on 15 January 2024. She advised the Tribunal that this was a turbulent time in her life as she had recently become a sole-parent and assumed full responsibility for all outgoings. She had also just discovered that she was pregnant. The tenant is due to give birth in mid-August 2024.
The tenant advised the Tribunal that she had attempted to clear the arrears by making three extra payments of rent on 3 May 2024, 17 May 2024 and 5 July 2024. She had difficulty understanding how these three extra payments of rent had not cleared the three weeks’ worth of arrears. The Tribunal took the time to explain the concept of rent in advance to the tenant and went through the rent summary in depth. By the end of the hearing, the tenant appeared to understand why the arrears had not been cleared despite her three extra payments of rent.
The tenant advised the Tribunal that she could afford to pay an extra $100.00 per week on top of the current rent to clear the arrears. She is currently in receipt of a benefit which will increase once her baby is born in mid-August. The tenant advised the Tribunal that she was in the process of selling a car and expected payment from the sale to come through around 19 July 2024.
The landlord sought immediate termination, but advised the Tribunal that they were prepared to allow the tenant to continue living in the property for 4 – 6 weeks before relocating.
I find that since the tenant has assumed responsibility for paying the rent from late December 2023, the rent has been consistently paid, except for one missed payment on 15 January 2024. The tenant has recently made three extra payments of rent to try to clear the arrears. I accept the tenant’s evidence that her income will increase with the birth of her baby in mid-August 2024 and that she is able to afford to pay an extra $100.00 per week towards the arrears. In these circumstances, I am satisfied that the tenant will pay any rent in arrear within the period specified by the Tribunal and is unlikely to commit a further breach.
I also find that a conditional order for termination will better protect the landlord’s interests than an order for termination that will take effect in 4 – 6 weeks’ time, which is what the landlord sought. An order of this kind would not provide the landlord with any assurance as to receipt of rental payment during the 4 – 6 weeks. On the other hand, a conditional order for termination provides an incentive for the tenant to pay rent when due and provides an avenue for the landlord to seek termination if payment for the rent and rent arrears is more than two working days overdue.
In the circumstances of this case, I consider that a conditional order for termination is consistent with the requirement that the Tribunal exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes. See section 85(1) of the Residential Tenancies Act 1986. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I therefore find that they have proven this claim and order the tenant to pay rent arrears accordingly. Water rates
The landlord sought an order that the tenant pay outstanding water rates of $300.06. The landlord’s application included one water rates invoice from the water rates authority dated 2 May 2024 for $18.90. The landlord did not provide any further invoices from the water rates authority at the hearing. Therefore, I find that the landlord has only proven that the tenant owes $18.90 in overdue water rates. I order the tenant to pay this outstanding invoice for water rates accordingly. Filing fee
Because Prestige Rental Management Limited as agent for Liping Zhang has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4884980 — net $1,776.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2024	$1,737.14	Rent arrears to 12 July 2024
Water rates	$18.90	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,776.48
Total payable by Tenant to Landlord	$1,776.48

Order

Georgia Whittle owes Prestige Rental Management Limited as agent for Liping Zhang $1,776.48 (“the debt”) as detailed in the table below.
Georgia Whittle must pay rent and the debt as follows: a. By 1 weekly payment of $640.00 for rent in advance covering the period from 15/07/2024 – 21/07/2024 to be paid on or before 18 July 2024. b. By 17 weekly payments of $740.00, being $640.00 for rent and $100.00 for the debt. c. A final payment of $716.48, being $640.00 for rent and $76.48 for the debt. d. Payments will be every Monday, with the first payment on 22/07/2024 and continuing until 18/11/2024.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 50 Norwood Drive, Flat Bush, Auckland 2019 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 water rates and filing fee within 2 working days of the due dates, the water rates and filing fee will be payable immediately.
Georgia Whittle must pay Prestige Rental Management Limited as agent for Liping Zhang $1,776.48 being rent arrears to 12 July 2024, water rates and the filing fee.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy, rent arrears and water rates. The tenant wants to repay the debt to avoid immediate termination.
As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities. Background
The tenancy began on 10 July 2023.
The rent is $640.00 per week and is to be paid one week in advance.
The bond is $2,560.00.
The tenant first fell into arrears of one week on 23 October 2023. This was cleared on 17 November 2023. The tenant fell into arrears of one week again on 20 November 2023. These arrears were not cleared by the tenant, who also missed payments of rent on 11 December 2023 and 15 January 2024. Overall, the tenant has regularly paid their rent since 15 January 2024. The tenant has made three extra payments of rent on 3 May 2024, 19 June 2024 and 5 July 2024 to try and clear the arrears however, due to the requirement that rent be paid one week in advance, the tenant has not been able to clear the arrears. Accuracy of the Landlord’s rent summary
The tenant challenged the accuracy of the landlord’s rent summary, advising the Tribunal that they had made extra payments of rent that had not been recorded in the rent summary. The tenant disputed that they had ever been three weeks behind in their payment of rent. The tenant provided the Tribunal with a copy of their own bank statements recording their payment of rent.
I have reconciled the tenant’s bank statements with the rent summary provided by the landlord and am satisfied that the landlord’s rent summary is correct. Extra payments of the full rental amount of $640.00 paid by the tenant have been credited towards either rent or rent arrears however, extra payments not amounting to the full rental amount have been credited towards outstanding water rates. For example, on 18 December 2023, the tenant made a payment of $700.00. The landlord apportioned this payment as being $640.00 for rent and $60.00 for outstanding water rates. Similarly, on 3 January 2023, the tenant made a payment of $650.00. The landlord apportioned this payment as being $640.00 for rent and $10.00 for outstanding water rates.
During the hearing, it became clear that the tenant was confused by the concept of rent in advance and how this affects additional payments of rent. I consider this misunderstanding to be the primary reason why the tenant has fallen into arrears and the basis of her challenge to the accuracy of the landlord’s rent summary. As indicated above, I find the landlord’s rent summary to be accurate and proceed on this basis.

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 Tribunal can only make a conditional termination order if it is satisfied that the tenant will pay any rent in arrear within a period specified by the Tribunal and is unlikely to commit a further breach.
The application was filed on 10 May 2024. The rent was in arrears of $1,920.00 (21 days) on this date. At the date of the hearing, the rent was in arrears of $1,645.71 (18 days).
When questioned about the reason for the arrears, the tenant advised the Tribunal that her former partner had been responsible for the payment of rent before he was sentenced to a term of imprisonment in late December 2023. Since then, the tenant had assumed responsibility for the payment of rent. The tenant advised the Tribunal that the missed rental payments in October, November and December 2023 were due to her former partner’s oversight. Since she had assumed responsibility for paying the rent, it had been consistently paid. The tenant acknowledged that there was a missed payment of rent on 15 January 2024. She advised the Tribunal that this was a turbulent time in her life as she had recently become a sole-parent and assumed full responsibility for all outgoings. She had also just discovered that she was pregnant. The tenant is due to give birth in mid-August 2024.
The tenant advised the Tribunal that she had attempted to clear the arrears by making three extra payments of rent on 3 May 2024, 17 May 2024 and 5 July 2024. She had difficulty understanding how these three extra payments of rent had not cleared the three weeks’ worth of arrears. The Tribunal took the time to explain the concept of rent in advance to the tenant and went through the rent summary in depth. By the end of the hearing, the tenant appeared to understand why the arrears had not been cleared despite her three extra payments of rent.
The tenant advised the Tribunal that she could afford to pay an extra $100.00 per week on top of the current rent to clear the arrears. She is currently in receipt of a benefit which will increase once her baby is born in mid-August. The tenant advised the Tribunal that she was in the process of selling a car and expected payment from the sale to come through around 19 July 2024.
The landlord sought immediate termination, but advised the Tribunal that they were prepared to allow the tenant to continue living in the property for 4 – 6 weeks before relocating.
I find that since the tenant has assumed responsibility for paying the rent from late December 2023, the rent has been consistently paid, except for one missed payment on 15 January 2024. The tenant has recently made three extra payments of rent to try to clear the arrears. I accept the tenant’s evidence that her income will increase with the birth of her baby in mid-August 2024 and that she is able to afford to pay an extra $100.00 per week towards the arrears. In these circumstances, I am satisfied that the tenant will pay any rent in arrear within the period specified by the Tribunal and is unlikely to commit a further breach.
I also find that a conditional order for termination will better protect the landlord’s interests than an order for termination that will take effect in 4 – 6 weeks’ time, which is what the landlord sought. An order of this kind would not provide the landlord with any assurance as to receipt of rental payment during the 4 – 6 weeks. On the other hand, a conditional order for termination provides an incentive for the tenant to pay rent when due and provides an avenue for the landlord to seek termination if payment for the rent and rent arrears is more than two working days overdue.
In the circumstances of this case, I consider that a conditional order for termination is consistent with the requirement that the Tribunal exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes. See section 85(1) of the Residential Tenancies Act 1986. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I therefore find that they have proven this claim and order the tenant to pay rent arrears accordingly. Water rates
The landlord sought an order that the tenant pay outstanding water rates of $300.06. The landlord’s application included one water rates invoice from the water rates authority dated 2 May 2024 for $18.90. The landlord did not provide any further invoices from the water rates authority at the hearing. Therefore, I find that the landlord has only proven that the tenant owes $18.90 in overdue water rates. I order the tenant to pay this outstanding invoice for water rates accordingly. Filing fee
Because Prestige Rental Management Limited as agent for Liping Zhang has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4884980 — Rent arrears at 50 Norwood Drive, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4884980 — Rent arrears at 50 Norwood Drive, Flat Bush, Auckland 2019

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