What was the outcome of Tenancy Tribunal case 4942795?

The tribunal order states: Trina Faye Morris must pay TPM Rotorua Limited $1,029.86 from the bond,

How much money was awarded in case 4942795?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,002.86 awarded to landlord

What type of tenancy dispute was case 4942795?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4942795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759531-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4942795?

The tribunal order states: Trina Faye Morris must pay TPM Rotorua Limited $1,029.86 from the bond,

How much money was awarded in case 4942795?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,002.86 awarded to landlord

What type of tenancy dispute was case 4942795?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4942795?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10759531-Tenancy_Tribunal_Order.pdf.

201A Sunset Road, Sunnybrook, Rotorua 3015 Tenancy Tribunal Case 4942795 — Rent arrears

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201A Sunset Road, Sunnybrook, Rotorua 3015 Tenancy Tribunal Case 4942795 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4942795 — net $1,029.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Sunday 25 August 2024	$1,002.86	Rent arrears to Sunday 25 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,029.86
Total payable by Tenant to Landlord	$1,029.86

Claims and awards for application 4942795 — net $1,029.86 NZD. Verify on MoJ.

Rent arrears to Sunday 25 August 2024

Amount: $1,002.86
Awarded to: Landlord
Reason: Rent arrears to Sunday 25 August 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,029.86

Total payable by Tenant to Landlord

Landlord $1,029.86

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Trina Faye Morris must pay TPM Rotorua Limited $1,029.86 from the bond, calculated as follows:
The Bond Centre is to pay the sum of $1,029.86 (3428718-008) to TPM Rotorua Limited immediately.
The tenancy of Trina Faye Morris at 201A Sunset Road, Sunnybrook, Rotorua 3015 is terminated, and possession is granted to TPM Rotorua Limited, at 11:59pm on Sunday 15 September 2024.
Until termination date, Trina Faye Morris must pay rent as follows: a. $390.00 for the rent due on Monday 26 August 2024 must be paid no later than Wednesday 28 August 2024; b. $390.00 for usual weekly rent must be paid no later than Monday 2 September 2024 and Monday 9 September 2024.
If the tenant fails to pay the rent Ordered in Order 4, within 2 working days of the due dates: a. the tenancy at 201A Sunset Road, Sunnybrook, Rotorua 3015 will terminate and the landlord will have immediate possession of the premises; b. any outstanding rent will be payable immediately

Reasons

The landlord attended the hearing which was held by teleconference.
The tenant was unable to be contacted on the phone number specified in the notice of hearing, which was duly served
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The Tribunal must make a termination or conditional termination Order (see s.55(1) and (1A) RTA).
The tenant his failed to comply with 14 day notices issued for rent arrears. This is the third Tribunal application made by the landlord in respect of the tenancy.
The most recent previous application (4894104) resulted in a Mediator’s order made on 13 June 2024, acknowledging rent arrears of $2,517.40 and including a conditional termination clause.
Against that background, the evidence does not support a finding, in terms of section 55(1A) RTA that the tenant will pay any rent in arrears promptly and that it is unlikely there will be further breaches.
That being so, the tenancy must be terminated.
The rent summary shows that the tenant has made efforts to clear arrears and it is appropriate to give the tenant some opportunity to find alternative accommodation, rather than the terminating the tenancy immediately.
That would only be fair to the landlord if a condition is included requiring the current rent to be paid when due, so that deferring the termination date will not result in further rent arrears accumulating.
Because TPM Rotorua Limited has succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4942795 — net $1,029.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to Sunday 25 August 2024	$1,002.86	Rent arrears to Sunday 25 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,029.86
Total payable by Tenant to Landlord	$1,029.86

Claims and awards for application 4942795 — net $1,029.86 NZD. Verify on MoJ.

Rent arrears to Sunday 25 August 2024

Amount: $1,002.86
Awarded to: Landlord
Reason: Rent arrears to Sunday 25 August 2024

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,029.86

Total payable by Tenant to Landlord

Landlord $1,029.86

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Trina Faye Morris must pay TPM Rotorua Limited $1,029.86 from the bond, calculated as follows:
The Bond Centre is to pay the sum of $1,029.86 (3428718-008) to TPM Rotorua Limited immediately.
The tenancy of Trina Faye Morris at 201A Sunset Road, Sunnybrook, Rotorua 3015 is terminated, and possession is granted to TPM Rotorua Limited, at 11:59pm on Sunday 15 September 2024.
Until termination date, Trina Faye Morris must pay rent as follows: a. $390.00 for the rent due on Monday 26 August 2024 must be paid no later than Wednesday 28 August 2024; b. $390.00 for usual weekly rent must be paid no later than Monday 2 September 2024 and Monday 9 September 2024.
If the tenant fails to pay the rent Ordered in Order 4, within 2 working days of the due dates: a. the tenancy at 201A Sunset Road, Sunnybrook, Rotorua 3015 will terminate and the landlord will have immediate possession of the premises; b. any outstanding rent will be payable immediately

Reasons

The landlord attended the hearing which was held by teleconference.
The tenant was unable to be contacted on the phone number specified in the notice of hearing, which was duly served
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The Tribunal must make a termination or conditional termination Order (see s.55(1) and (1A) RTA).
The tenant his failed to comply with 14 day notices issued for rent arrears. This is the third Tribunal application made by the landlord in respect of the tenancy.
The most recent previous application (4894104) resulted in a Mediator’s order made on 13 June 2024, acknowledging rent arrears of $2,517.40 and including a conditional termination clause.
Against that background, the evidence does not support a finding, in terms of section 55(1A) RTA that the tenant will pay any rent in arrears promptly and that it is unlikely there will be further breaches.
That being so, the tenancy must be terminated.
The rent summary shows that the tenant has made efforts to clear arrears and it is appropriate to give the tenant some opportunity to find alternative accommodation, rather than the terminating the tenancy immediately.
That would only be fair to the landlord if a condition is included requiring the current rent to be paid when due, so that deferring the termination date will not result in further rent arrears accumulating.
Because TPM Rotorua Limited has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4942795 — Rent arrears at 201A Sunset Road, Sunnybrook, Rotorua 3015

At a glance

Tenancy Tribunal case 4942795 — Rent arrears at 201A Sunset Road, Sunnybrook, Rotorua 3015

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions