What was the outcome of Tenancy Tribunal case 4968073?

The tribunal order states: Douglas Howard Brown owes Apha Thomson Trust $1,112.16 (“the debt”), as

How much money was awarded in case 4968073?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,085.16 awarded to landlord

What type of tenancy dispute was case 4968073?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4968073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851009-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4968073?

The tribunal order states: Douglas Howard Brown owes Apha Thomson Trust $1,112.16 (“the debt”), as

How much money was awarded in case 4968073?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,085.16 awarded to landlord

What type of tenancy dispute was case 4968073?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4968073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10851009-Tenancy_Tribunal_Order.pdf.

16 Bodkin Street, Lake Hawea, Lake Hawea 9382 Tenancy Tribunal Case 4968073 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4968073. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 19 September 2024	$1,085.16		Rent arrears as at 19 September 2024
Filing fee reimbursement	$27.00		Filing fee reimbursement

Douglas Howard Brown owes Apha Thomson Trust $1,112.16 (“the debt”), as calculated in the table below.

Douglas Howard Brown must pay rent and the debt as follows: a. By making weekly payments of $450.00, being $400.00 for rent and $50.00 for the debt. b. Payments will be every Thursday, with the first payment on Thursday 19 September 2024 and continuing until the whole of the debt is cleared.

Payments will be allocated in the following order: rent, rent arrears, 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 16 Bodkin Street, Lake Hawea, Lake Hawea 9382 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which was held by video conference.

The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.

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 their obligations by failing to pay rent as and when it fell due. On 27 July 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. On those grounds it would be inequitable to refuse to terminate the tenancy.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence and discussed the issue of payment with the parties, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have therefore granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

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.

As well as the rent arrears, the tenant has been ordered to reimburse the filing fee to the landlord because the landlord was successful in the claim against him. C ter Haar 19 September 2024

Order

Claims and awards in Tenancy Tribunal application 4968073. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears as at 19 September 2024	$1,085.16		Rent arrears as at 19 September 2024
Filing fee reimbursement	$27.00		Filing fee reimbursement

Douglas Howard Brown owes Apha Thomson Trust $1,112.16 (“the debt”), as calculated in the table below.

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

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

Both parties attended the hearing which was held by video conference.

The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

As well as the rent arrears, the tenant has been ordered to reimburse the filing fee to the landlord because the landlord was successful in the claim against him. C ter Haar 19 September 2024

Tenancy Tribunal case 4968073 — Rent arrears at 16 Bodkin Street, Lake Hawea, Lake Hawea 9382

At a glance

Tenancy Tribunal case 4968073 — Rent arrears at 16 Bodkin Street, Lake Hawea, Lake Hawea 9382

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