What was the outcome of Tenancy Tribunal case 4981589?

The tribunal order states: Deborah Munroe and Ashley Munroe owes Tbt Property Management Limited -

How much money was awarded in case 4981589?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,450.00 awarded to landlord; Water Rates: $4,259.87 awarded to landlord

What type of tenancy dispute was case 4981589?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4981589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11532479-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4981589?

The tribunal order states: Deborah Munroe and Ashley Munroe owes Tbt Property Management Limited -

How much money was awarded in case 4981589?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,450.00 awarded to landlord; Water Rates: $4,259.87 awarded to landlord

What type of tenancy dispute was case 4981589?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4981589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11532479-Tenancy_Tribunal_Order.pdf.

17 Manuroa Road, Takanini, Takanini 2112 Tenancy Tribunal Case 4981589 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4981589 — net $9,736.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,450.00	Rent arrears
Water rates	$4,259.87	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,736.87
Total payable by Tenant to Landlord	$9,736.87

Deborah Munroe and Ashley Munroe owes Tbt Property Management Limited - As Agent For Costubh Goel $9,736.87 (“the debt”) as shown in the table below.

Deborah Munroe and Ashley Munroe must pay rent and the debt as follows: a. By paying the weekly rent of $800.00 on time each week with the next payment due on Thursday 13 March 2025 b. By payment in full of $5450.00 for rent arrears by 5pm Thursday 20 March 2025 c. By payment in full of $27.00 for the application filing fee by 5pm Thursday 20 March 2025 d. By payment in full of $4259.87 for outstanding water charges by 5pm Monday 21 April 2025.

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

The tenant must continue to pay the rent when due each week.

If the tenant fails to pay rent and rent and water arrears within 2 working days of the due dates: a. The tenancy at 17 Manuroa Road, Takanini, Takanini 2112 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 via remote teleconference. The Tribunal was advised that the tenant Ashley Munroe was at work and as a result was not called.

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

The landlord provided a rent ledger confirming the outstanding debt. I was also provided with copies of all water invoices and a water schedule. Having sighted this evidence I am satisfied that the tenants are responsible for this debt.

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 (very unfair) 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 (RTA).

The tenants breached their obligations by failing to pay rent. On 15 August 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229, the District Court considered section 56(1)(c) RTA and set out a range of factors relevant to whether it would be “inequitable to refuse” to terminate the tenancy: a. The history of the tenancy. b. Whether there had been a persistent failure after repeated warnings. c. Whether the history of breaches is such that it is unlikely the tenant would comply with their obligations in the future. d. Whether the breach was inadvertent or deliberately committed. e. The conduct of the landlord. f. The gravity of the breach. g. Whether termination is a proportionate response to the breach.

This tenancy started in December 2020. The tenants have missed their weekly rent on numerous occasions. The rent is not being paid weekly in advance as per the tenancy agreement. The tenants have continued to pay rent erratically.

Paying rent is a fundamental obligation and the Tribunal takes breaches seriously. There has been a warning and a 14-day notice issued on 15 August 2024 and the tenant is still in arrears. It seems to me the landlord has behaved in a reasonable way to manage the situation.

The tenant said she wants to stay in the house. She is working and can pay extra. She is also expecting funds to arrive which will cover the debt. She wants a chance to pay the rent arrears and comply with the tenancy agreement.

I have considered the submissions and I am not persuaded that ending the tenancy is the proportionate response at the moment. This is mostly because the property manager is more in favour of the tenancy continuing.

The parties agreed to a payment arrangement. This order will lapse if it is fully complied with.

I need to remind the tenant that not paying rent is a serious breach. It seems unlikely the Tribunal would allow the tenancy to continue if the tenant is in arrears again.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord confirmed during the hearing that they will withdraw the damage compensation claim.

Claims and awards in Tenancy Tribunal application 4981589 — net $9,736.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,450.00	Rent arrears
Water rates	$4,259.87	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,736.87
Total payable by Tenant to Landlord	$9,736.87

Order

Deborah Munroe and Ashley Munroe owes Tbt Property Management Limited - As Agent For Costubh Goel $9,736.87 (“the debt”) as shown in the table below.
Deborah Munroe and Ashley Munroe must pay rent and the debt as follows: a. By paying the weekly rent of $800.00 on time each week with the next payment due on Thursday 13 March 2025 b. By payment in full of $5450.00 for rent arrears by 5pm Thursday 20 March 2025 c. By payment in full of $27.00 for the application filing fee by 5pm Thursday 20 March 2025 d. By payment in full of $4259.87 for outstanding water charges by 5pm Monday 21 April 2025.
Payments will be allocated in the following order: rent, rent and water arrears, and the filing fee.
The tenant must continue to pay the rent when due each week.
If the tenant fails to pay rent and rent and water arrears within 2 working days of the due dates: a. The tenancy at 17 Manuroa Road, Takanini, Takanini 2112 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 via remote teleconference. The Tribunal was advised that the tenant Ashley Munroe was at work and as a result was not called.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The landlord provided a rent ledger confirming the outstanding debt. I was also provided with copies of all water invoices and a water schedule. Having sighted this evidence I am satisfied that the tenants are responsible for this debt.

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 (very unfair) 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 (RTA).
The tenants breached their obligations by failing to pay rent. On 15 August 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229, the District Court considered section 56(1)(c) RTA and set out a range of factors relevant to whether it would be “inequitable to refuse” to terminate the tenancy: a. The history of the tenancy. b. Whether there had been a persistent failure after repeated warnings. c. Whether the history of breaches is such that it is unlikely the tenant would comply with their obligations in the future. d. Whether the breach was inadvertent or deliberately committed. e. The conduct of the landlord. f. The gravity of the breach. g. Whether termination is a proportionate response to the breach.
This tenancy started in December 2020. The tenants have missed their weekly rent on numerous occasions. The rent is not being paid weekly in advance as per the tenancy agreement. The tenants have continued to pay rent erratically.
Paying rent is a fundamental obligation and the Tribunal takes breaches seriously. There has been a warning and a 14-day notice issued on 15 August 2024 and the tenant is still in arrears. It seems to me the landlord has behaved in a reasonable way to manage the situation.
The tenant said she wants to stay in the house. She is working and can pay extra. She is also expecting funds to arrive which will cover the debt. She wants a chance to pay the rent arrears and comply with the tenancy agreement.
I have considered the submissions and I am not persuaded that ending the tenancy is the proportionate response at the moment. This is mostly because the property manager is more in favour of the tenancy continuing.
The parties agreed to a payment arrangement. This order will lapse if it is fully complied with.
I need to remind the tenant that not paying rent is a serious breach. It seems unlikely the Tribunal would allow the tenancy to continue if the tenant is in arrears again.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord confirmed during the hearing that they will withdraw the damage compensation claim.

Tenancy Tribunal case 4981589 — Rent arrears at 17 Manuroa Road, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4981589 — Rent arrears at 17 Manuroa Road, Takanini, Takanini 2112

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