What was the outcome of Tenancy Tribunal case 5014648?

The tribunal order states: Melanie Newman owes Advantage Realty Limited $376.95 (“the debt”) for rent

How much money was awarded in case 5014648?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $228.57 awarded to landlord; Water Rates: $121.38 awarded to landlord

What type of tenancy dispute was case 5014648?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5014648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11039577-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5014648?

The tribunal order states: Melanie Newman owes Advantage Realty Limited $376.95 (“the debt”) for rent

How much money was awarded in case 5014648?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $228.57 awarded to landlord; Water Rates: $121.38 awarded to landlord

What type of tenancy dispute was case 5014648?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5014648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11039577-Tenancy_Tribunal_Order.pdf.

584 Fraser Street, Greerton, Tauranga 3112 Tenancy Tribunal Case 5014648 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5014648 — net $376.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$228.57	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$121.38	Water rates
Net award	$376.95
Total payable by Tenant to Landlord	$376.95

Melanie Newman owes Advantage Realty Limited $376.95 (“the debt”) for rent arrears, water bills, and filing fee as calculated and set out below:

Melanie Newman must pay rent and the debt as follows: a. $550.00 for rent on 7 th November 2024 and each and every week as required. b. $121.38 for water bills on 8 th November 2024 c. $228.57 for rent arrears on 14 th November 2024 d. $27.00 for Tribunal filing fee on 21 November 2024

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 584 Fraser Street, Greerton, Tauranga 3112 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 water bills and filing fee within 2 working days of the due date: a) The tenancy at 584 Fraser Street, Greerton, Tauranga 3112 will terminate, and the landlord will have immediate possession of the premises. b) The balance the water bills and filing fee will be payable immediately.

The tenant and landlord agree that the tenant will pay $560.00 per week as from 13 th November 2024. That is $550.00 for the rent and an additional $10 per week to be held by the landlord in their account, to be used to pay the water bills when they are due.

Reasons

Both parties attended the hearing.

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.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

As of the day of the hearing the rent arrears were $228.57, as the tenant paid $1500.00 on Monday 4 th November 2024. The landlord acknowledges that the $1500.00 has been received from the tenant.

On 5 th November 2024, the tenant said she paid a further $500.00 which is currently not showing on the landlord’s bank account statement. However, I accept that this additional $500.00 has been paid.

The landlord is adamant that the tenancy should be terminated as the tenant has a history of rent arrears. This is a 10 year tenancy and other than rent arrears on occasion it would seem the tenant is good tenant and takes care of the property.

The tenant knows that this is her last opportunity to retain the tenancy. Ms Newman said that there were a few issues with her employer changing the day she was paid and her family not paying their share of the rent and expenses on time. The family are now aware that rent arrears cannot continue as it is causing hardship to the owners.

I understand the landlord’s position regarding termination of the tenancy, however given that the rent arrears are only $228.57 and not three weeks in arrears, and the strong commitment made by the tenant to ensure this never happens again, I am ordering a conditional termination.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Rent and water bills:

The landlord has applied for rent arrears and water bills and has provided rent records and water bills which prove the amount of $228.57 owing in rent arrears and $121.38 in water bills. Extra $10 per week for water bills

The landlord and tenancy also discussed ensuring that the water bills do not fall into arrears again. The parties have consented to an arrangement were the tenant pays an additional $10 per week starting from 13 th November 2024 with her rent payments. The extra $10 per week is to be held by the landlord to pay the water bills when they are due. For completeness as of 13 th November the tenant will pay $560.00 per week for rent and $10 towards water bills when they are due. Filing fee:

Because Advantage Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5014648 — net $376.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$228.57	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates	$121.38	Water rates
Net award	$376.95
Total payable by Tenant to Landlord	$376.95

Order

Melanie Newman owes Advantage Realty Limited $376.95 (“the debt”) for rent arrears, water bills, and filing fee as calculated and set out below:
Melanie Newman must pay rent and the debt as follows: a. $550.00 for rent on 7 th November 2024 and each and every week as required. b. $121.38 for water bills on 8 th November 2024 c. $228.57 for rent arrears on 14 th November 2024 d. $27.00 for Tribunal filing fee on 21 November 2024
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 584 Fraser Street, Greerton, Tauranga 3112 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 water bills and filing fee within 2 working days of the due date: a) The tenancy at 584 Fraser Street, Greerton, Tauranga 3112 will terminate, and the landlord will have immediate possession of the premises. b) The balance the water bills and filing fee will be payable immediately.
The tenant and landlord agree that the tenant will pay $560.00 per week as from 13 th November 2024. That is $550.00 for the rent and an additional $10 per week to be held by the landlord in their account, to be used to pay the water bills when they are due.

Reasons

Both parties attended the hearing.
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.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
As of the day of the hearing the rent arrears were $228.57, as the tenant paid $1500.00 on Monday 4 th November 2024. The landlord acknowledges that the $1500.00 has been received from the tenant.
On 5 th November 2024, the tenant said she paid a further $500.00 which is currently not showing on the landlord’s bank account statement. However, I accept that this additional $500.00 has been paid.
The landlord is adamant that the tenancy should be terminated as the tenant has a history of rent arrears. This is a 10 year tenancy and other than rent arrears on occasion it would seem the tenant is good tenant and takes care of the property.
The tenant knows that this is her last opportunity to retain the tenancy. Ms Newman said that there were a few issues with her employer changing the day she was paid and her family not paying their share of the rent and expenses on time. The family are now aware that rent arrears cannot continue as it is causing hardship to the owners.
I understand the landlord’s position regarding termination of the tenancy, however given that the rent arrears are only $228.57 and not three weeks in arrears, and the strong commitment made by the tenant to ensure this never happens again, I am ordering a conditional termination.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Rent and water bills:
The landlord has applied for rent arrears and water bills and has provided rent records and water bills which prove the amount of $228.57 owing in rent arrears and $121.38 in water bills. Extra $10 per week for water bills
The landlord and tenancy also discussed ensuring that the water bills do not fall into arrears again. The parties have consented to an arrangement were the tenant pays an additional $10 per week starting from 13 th November 2024 with her rent payments. The extra $10 per week is to be held by the landlord to pay the water bills when they are due. For completeness as of 13 th November the tenant will pay $560.00 per week for rent and $10 towards water bills when they are due. Filing fee:
Because Advantage Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5014648 — Rent arrears at 584 Fraser Street, Greerton, Tauranga 3112

At a glance

Tenancy Tribunal case 5014648 — Rent arrears at 584 Fraser Street, Greerton, Tauranga 3112

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