What was the outcome of Tenancy Tribunal case 4925154?

The tribunal order states: Queenie Josephine Higgins must pay Regent Realty Limited $20.44

How much money was awarded in case 4925154?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4925154?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4925154?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10624770-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4925154?

The tribunal order states: Queenie Josephine Higgins must pay Regent Realty Limited $20.44

How much money was awarded in case 4925154?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4925154?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4925154?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10624770-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 303 Lyndon Road West, Hastings, Hastings Tenancy Tribunal Case 4925154 — Rent arrears

Order

Queenie Josephine Higgins must pay Regent Realty Limited $20.44 immediately, being the filing fee on this application.

Queenie Josephine Higgins must pay rent by weekly payments of $400.00, starting on Friday 26 July 2024 and continuing each Friday thereafter, until any change in the rent payable.

If, within 3 months of the date of this Order, the tenant fails to pay rent within 2 working days of the due date, the tenancy at Unit/Flat 2, 303 Lyndon Road West, Hastings, Hastings 4122 will terminate and the landlord will have immediate possession of the premises.

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

The landlord attended the hearing.

The Tribunal tried to phone the tenant on the number provided in the Tenancy agreement and also on a number recently given by her to the property manager but neither call was answered. Notice of today’s hearing was duly served.

The landlord seeks termination of the tenancy on the grounds that the tenant did not repay rent arrears, in terms of a 14 day notice issued on 7 June 2024.

The landlord also sought an Order that the tenant comply with her obligation under s.16 RTA to provide particulars of her changed contact details. The tenant has now done that and no Orders in that regard are now sought.

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 her obligations by not remedying the breach of her obligation to pay the weekly rent when due, within 14 days of the Notice being issued to her. It would be inequitable to refuse to terminate the tenancy when the tenant has refused to engage with the landlord to address that situation. The tenant has not attended this hearing either.

However, despite my finding that it would be inequitable to refuse to terminate the tenancy, the rent record shows that until mid-May 2024, the tenant paid the weekly rent when it was due. From that date rent was paid regularly but at a lesser amount of $220.00, suggesting some change in the tenant’s circumstances. A payment on $1,500.00 was made on 23 July 2024 which cleared the arrears and resulted in a rent credit of $220.00 as at the end of this rent week.

In the circumstances, the landlord is entitled to the reassurance that the problems with the rent being paid will not continue, especially because the tenant has been unwilling to communicate with the landlord about the situation. I do find though that the tenant should have the opportunity to show that, as was the case until mid-May, she can make sure the proper amount of weekly rent is paid when due.

That is the purpose of this Order.

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.

I emphasise the importance of the tenant maintaining communication with the landlord.

Because Regent Realty Limited as Agent for Simon & Christina Tidball has succeeded with the claim I must reimburse the filing fee.

Order

Queenie Josephine Higgins must pay Regent Realty Limited $20.44 immediately, being the filing fee on this application.
Queenie Josephine Higgins must pay rent by weekly payments of $400.00, starting on Friday 26 July 2024 and continuing each Friday thereafter, until any change in the rent payable.
If, within 3 months of the date of this Order, the tenant fails to pay rent within 2 working days of the due date, the tenancy at Unit/Flat 2, 303 Lyndon Road West, Hastings, Hastings 4122 will terminate and the landlord will have immediate possession of the premises.
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

The landlord attended the hearing.
The Tribunal tried to phone the tenant on the number provided in the Tenancy agreement and also on a number recently given by her to the property manager but neither call was answered. Notice of today’s hearing was duly served.
The landlord seeks termination of the tenancy on the grounds that the tenant did not repay rent arrears, in terms of a 14 day notice issued on 7 June 2024.
The landlord also sought an Order that the tenant comply with her obligation under s.16 RTA to provide particulars of her changed contact details. The tenant has now done that and no Orders in that regard are now sought.

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 her obligations by not remedying the breach of her obligation to pay the weekly rent when due, within 14 days of the Notice being issued to her. It would be inequitable to refuse to terminate the tenancy when the tenant has refused to engage with the landlord to address that situation. The tenant has not attended this hearing either.
However, despite my finding that it would be inequitable to refuse to terminate the tenancy, the rent record shows that until mid-May 2024, the tenant paid the weekly rent when it was due. From that date rent was paid regularly but at a lesser amount of $220.00, suggesting some change in the tenant’s circumstances. A payment on $1,500.00 was made on 23 July 2024 which cleared the arrears and resulted in a rent credit of $220.00 as at the end of this rent week.
In the circumstances, the landlord is entitled to the reassurance that the problems with the rent being paid will not continue, especially because the tenant has been unwilling to communicate with the landlord about the situation. I do find though that the tenant should have the opportunity to show that, as was the case until mid-May, she can make sure the proper amount of weekly rent is paid when due.
That is the purpose of this Order.
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.
I emphasise the importance of the tenant maintaining communication with the landlord.
Because Regent Realty Limited as Agent for Simon & Christina Tidball has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4925154 — Rent arrears at Unit/Flat 2, 303 Lyndon Road West, Hastings, Hastings

At a glance

Tenancy Tribunal case 4925154 — Rent arrears at Unit/Flat 2, 303 Lyndon Road West, Hastings, Hastings

At a glance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions