What was the outcome of Tenancy Tribunal case 4921195?

The tribunal order states: The tenancy of Shonelle Fergusson at Unit/Flat 3, 29 Ridgway Street,

How much money was awarded in case 4921195?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,031.02 awarded to landlord

What type of tenancy dispute was case 4921195?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4921195?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10725674-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4921195?

The tribunal order states: The tenancy of Shonelle Fergusson at Unit/Flat 3, 29 Ridgway Street,

How much money was awarded in case 4921195?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,031.02 awarded to landlord

What type of tenancy dispute was case 4921195?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4921195?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10725674-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 29 Ridgway Street, Whanganui, Whanganui Tenancy Tribunal Case 4921195 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4921195 — net $1,051.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and current rent to 26 August 2024	$1,031.02	Rent arrears and current rent to 26 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,051.46
Total payable by Tenant to Landlord	$1,051.46

The tenancy of Shonelle Fergusson at Unit/Flat 3, 29 Ridgway Street, Whanganui, Whanganui 4500 is terminated, and possession is granted to Bartley Real Estate Limited As Agent For Hadleigh Reid Family Trust, at 5pm on Wednesday, 28 August 2024.

Shonelle Fergusson must pay Bartley Real Estate Limited As Agent For Hadleigh Reid Family Trust $1,051.46 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears and current rent to 26 August 2024$1,031.02 Filing fee reimbursement$20.44 Total award$1,051.46 Total payable by Tenant to Landlord$1,051.46

Reasons

Both parties attended the hearing by telephone.

The landlord has applied for termination of the tenancy and rent arrears.

Should the tenancy be terminated?

The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.

In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.

The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above. That amount is made up of arrears to the end of the current rent cycle on Wednesday of $651.02 and a further week rent of $480 to the end of the tenancy.

The tenant wanted to pay the arrears to avoid immediate termination of the tenancy. She said that she could pay the arrears in full tomorrow. That would be a payment of $582.45 (for arrears to 20 August 2024). She said that she would then make her weekly rent payments of $480 each Thursday.

As tenant has been making regular weekly payments of current rent, I considered granting a conditional termination order. The landlord opposed that. Arrears have been an issue since October 2023. The arrears are relatively modest. However, they have been at a consistent level for at least two months, with no real attempt by the tenant to make payment. In those circumstances, and without any corroborating evidence of the tenant’s financial position, I find it unlikely that the tenant can or will make payment of the arrears in full tomorrow.

Based on the evidence presented to me today, I could not be satisfied that it is unlikely that there would be a further breach of this nature on the future.

The landlord was prepared to allow the tenant a week to move from the premises. I have fixed the termination date of 28 August 2024.

As the landlord was the successful party, I must award reimbursement of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 4921195 — net $1,051.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and current rent to 26 August 2024	$1,031.02	Rent arrears and current rent to 26 August 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,051.46
Total payable by Tenant to Landlord	$1,051.46

Reasons

Both parties attended the hearing by telephone.

The landlord has applied for termination of the tenancy and rent arrears.

Should the tenancy be terminated?

Based on the evidence presented to me today, I could not be satisfied that it is unlikely that there would be a further breach of this nature on the future.

The landlord was prepared to allow the tenant a week to move from the premises. I have fixed the termination date of 28 August 2024.

As the landlord was the successful party, I must award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4921195 — Rent arrears at Unit/Flat 3, 29 Ridgway Street, Whanganui, Whanganui

At a glance

Tenancy Tribunal case 4921195 — Rent arrears at Unit/Flat 3, 29 Ridgway Street, Whanganui, Whanganui

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions