What was the outcome of Tenancy Tribunal case 5066655?

The tribunal order states: Jesse Lee and Tisha Bell owes Clarke Group Property Management as Agent

How much money was awarded in case 5066655?

Rent Arrears: $27.00 awarded to landlord

What type of tenancy dispute was case 5066655?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5066655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11510080-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5066655?

The tribunal order states: Jesse Lee and Tisha Bell owes Clarke Group Property Management as Agent

How much money was awarded in case 5066655?

Rent Arrears: $27.00 awarded to landlord

What type of tenancy dispute was case 5066655?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5066655?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11510080-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 49 Templeton Place, Clendon Park, Auckland Tenancy Tribunal Case 5066655 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5066655. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
for rent arrears to 3 March 2025 and the filing fee of	$27.00		for rent arrears to 3 March 2025 and the filing fee of

Jesse Lee and Tisha Bell owes Clarke Group Property Management as Agent for Betty Zhiwei Zhao $9,124.98 (“the debt”) being $9,097.98 for rent arrears to 3 March 2025 and the filing fee of $27.00.

Jesse Lee and Tisha Bell must pay the debt of $9,124.98 by Monday 10 March 2025.

Payments will be allocated to the rent arrears and then to the filing fee.

If the tenant fails to pay rent and rent arrears by the due date: a. The tenancy at Unit/Flat 2, 49 Templeton Place, Clendon Park, Auckland 2103 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

The filing fee is payable immediately.

Reasons

Both parties attended the hearing by videoconference today.

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 (section 55(1)(a) and (1A) of the Residential Tenancies Act 1986).

The landlord applied to the Tribunal on 11 November 2024 and there seems to have been some delay before the hearing which has compounded the situation. Unfortunately, the rent arrears have increased since the application was filed with the last payment received on 12 December 2024. The rent arrears to today are $9,097.88 (the weekly rent is $600.00).

The tenant said they have applied to withdraw all their Kiwisaver. On the numbers provided, this would enable the arrears to be paid off and there would be a balance available to meet their rent obligations for about 10 weeks. The tenant has been advised that it will take 5-7 working days to withdraw the money. The tenant described the employment and health difficulties her family have been experiencing over the last few months, which have adversely impacted their ability to pay the rent.

The landlord insisted on immediate termination. Accepting that there are clear grounds for a final termination order, if I had done so I would have given the tenants a few days at least to organise their affairs and move out, on humanitarian grounds (I was told they have 4 children). The landlord is unable to enforce an immediate termination order until the expiry of 48 hours in any event. Giving the tenants a week to pay the arrears is not very long, does not greatly increase the landlord’s downside, but gives the tenants a final opportunity to save their tenancy. If they are unable to withdraw their Kiwisaver in time, the tenancy will end.

I have made a conditional termination order. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach.

Order

Claims and awards in Tenancy Tribunal application 5066655. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
for rent arrears to 3 March 2025 and the filing fee of	$27.00		for rent arrears to 3 March 2025 and the filing fee of

Jesse Lee and Tisha Bell owes Clarke Group Property Management as Agent for Betty Zhiwei Zhao $9,124.98 (“the debt”) being $9,097.98 for rent arrears to 3 March 2025 and the filing fee of $27.00.

Jesse Lee and Tisha Bell must pay the debt of $9,124.98 by Monday 10 March 2025.

Payments will be allocated to the rent arrears and then to the filing fee.

The filing fee is payable immediately.

Reasons

Both parties attended the hearing by videoconference today.

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?

I have made a conditional termination order. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach.

Tenancy Tribunal case 5066655 — Rent arrears at Unit/Flat 2, 49 Templeton Place, Clendon Park, Auckland

At a glance

Tenancy Tribunal case 5066655 — Rent arrears at Unit/Flat 2, 49 Templeton Place, Clendon Park, Auckland

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