What was the outcome of Tenancy Tribunal case 5119848?

The tribunal order states: Amal Keerthi and Achini Vinoda owes Inspire Real Estate Limited $768.86

How much money was awarded in case 5119848?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $741.86 awarded to landlord

What type of tenancy dispute was case 5119848?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5119848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11644418-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5119848?

The tribunal order states: Amal Keerthi and Achini Vinoda owes Inspire Real Estate Limited $768.86

How much money was awarded in case 5119848?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $741.86 awarded to landlord

What type of tenancy dispute was case 5119848?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5119848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11644418-Tribunal_Order.pdf.

Unit/Flat a, 2 Batsford Lane, Lower Shotover, Queenstown Tenancy Tribunal Case 5119848 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5119848 — net $768.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent owed to Thursday 3/04/2025	$741.86	Rent arrears and rent owed to Thursday 3/04/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$768.86
Total payable by Tenant to Landlord	$768.86

Amal Keerthi and Achini Vinoda owes Inspire Real Estate Limited $768.86 calculated as shown in the table below:

Amal Keerthi and Achini Vinoda must pay rent and the debt as follows: a. By 1 payment of $700.00 by Tuesday 1 April 2025. b. By weekly payments of $700.00, for rent due every Friday, with the first payment on Friday 4 April 2025 and continuing until Friday 30 May 2025.

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

If the tenant fails to make the payments recorded in order 2 within 2 working days of the due dates and the rent arrears are more than $41.86 then: a. The tenancy at Unit/Flat a, 2 Batsford Lane, Lower Shotover, Queenstown 9371 will terminate and the landlord will have immediate possession of the premises. DescriptionLandlord Rent arrears and rent owed to Thursday 3/04/2025$741.86 Filing fee reimbursement$27.00 Total award$768.86 Total payable by Tenant to Landlord$768.86 b. The balance of the debt will be payable immediately.

If the tenant fails to pay the filing fee of within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which took place by teleconference.

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?

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 due. On 25 November 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy for the following reasons: (a)The rent has been continuously in arrears since March 2024 (b)The tenant agreed when this matter was last in the Tribunal on 27 February to review the landlord’s rent summary and communicate regarding any further payments. The tenant did not communicate with the landlord about rent arrears and advised at the hearing today that a payment of $700.00 was made today. The landlord was not aware of this payment until informed at the hearing. (c)The landlord seeks a conditional termination order for a period of two months to enable the tenant to demonstrate that the rent will be paid on time on the due date and in my view this is appropriate.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence 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 granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.

The conditional termination order will lapse on 30 May 2025. 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.

How much does the tenant owe?

The landlord provided a rent summary and advised that the tenant owes $441.86 to today’s date and is in the same rent arrears position to the end of the rent week as when this matter was last in the Tribunal which was $641.86 in arrears. However, upon reviewing the rent summary after the hearing as the rent week ends on a Thursday and today is a Monday there are three further rent days to the end of the rent week and $741.86 is owed to the end of Thursday 3 April 2025.

The tenant provided proof of a payment of $700.00 made today. This is yet to show in the landlord’s bank account and therefore payment is ordered by 1 April 2025 to give time for the landlord to confirm receipt of this.

The tenant confirmed that the next rent payment of $700.00 will be made on Friday 4 April 2025 as due.

As the actual rent owed to Thursday 3 April 2025 is $741.86 there will still be $41.86 still owed. However, in fairness to the tenant after the discussions today the Tribunal makes a conditional termination order that states that if the rent is more than $41.86 in arrears the landlord may terminate.

The tenant is encouraged to make a one-off payment of the $68.86 to bring the rent completely up to date and pay the filing fee to avoid any future confusion. Filing fee

Because Inspire Real Estate Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5119848 — net $768.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and rent owed to Thursday 3/04/2025	$741.86	Rent arrears and rent owed to Thursday 3/04/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$768.86
Total payable by Tenant to Landlord	$768.86

Order

Amal Keerthi and Achini Vinoda owes Inspire Real Estate Limited $768.86 calculated as shown in the table below:
Amal Keerthi and Achini Vinoda must pay rent and the debt as follows: a. By 1 payment of $700.00 by Tuesday 1 April 2025. b. By weekly payments of $700.00, for rent due every Friday, with the first payment on Friday 4 April 2025 and continuing until Friday 30 May 2025.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to make the payments recorded in order 2 within 2 working days of the due dates and the rent arrears are more than $41.86 then: a. The tenancy at Unit/Flat a, 2 Batsford Lane, Lower Shotover, Queenstown 9371 will terminate and the landlord will have immediate possession of the premises. DescriptionLandlord Rent arrears and rent owed to Thursday 3/04/2025$741.86 Filing fee reimbursement$27.00 Total award$768.86 Total payable by Tenant to Landlord$768.86 b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee of within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended the hearing which took place by teleconference.
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?

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 due. On 25 November 2024 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy for the following reasons: (a)The rent has been continuously in arrears since March 2024 (b)The tenant agreed when this matter was last in the Tribunal on 27 February to review the landlord’s rent summary and communicate regarding any further payments. The tenant did not communicate with the landlord about rent arrears and advised at the hearing today that a payment of $700.00 was made today. The landlord was not aware of this payment until informed at the hearing. (c)The landlord seeks a conditional termination order for a period of two months to enable the tenant to demonstrate that the rent will be paid on time on the due date and in my view this is appropriate.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence 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 granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
The conditional termination order will lapse on 30 May 2025. 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.

How much does the tenant owe?

The landlord provided a rent summary and advised that the tenant owes $441.86 to today’s date and is in the same rent arrears position to the end of the rent week as when this matter was last in the Tribunal which was $641.86 in arrears. However, upon reviewing the rent summary after the hearing as the rent week ends on a Thursday and today is a Monday there are three further rent days to the end of the rent week and $741.86 is owed to the end of Thursday 3 April 2025.
The tenant provided proof of a payment of $700.00 made today. This is yet to show in the landlord’s bank account and therefore payment is ordered by 1 April 2025 to give time for the landlord to confirm receipt of this.
The tenant confirmed that the next rent payment of $700.00 will be made on Friday 4 April 2025 as due.
As the actual rent owed to Thursday 3 April 2025 is $741.86 there will still be $41.86 still owed. However, in fairness to the tenant after the discussions today the Tribunal makes a conditional termination order that states that if the rent is more than $41.86 in arrears the landlord may terminate.
The tenant is encouraged to make a one-off payment of the $68.86 to bring the rent completely up to date and pay the filing fee to avoid any future confusion. Filing fee
Because Inspire Real Estate Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5119848 — Rent arrears at Unit/Flat a, 2 Batsford Lane, Lower Shotover, Queenstown

At a glance

Tenancy Tribunal case 5119848 — Rent arrears at Unit/Flat a, 2 Batsford Lane, Lower Shotover, Queenstown

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

How much does the tenant owe?

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?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions