What was the outcome of Tenancy Tribunal case 5153265?

The tribunal order states: The tenancy of Che Kimberlee Gallagher at 80A Maitland Street, Dunedin

How much money was awarded in case 5153265?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,270.00 awarded to landlord

What type of tenancy dispute was case 5153265?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5153265?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11713569-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5153265?

The tribunal order states: The tenancy of Che Kimberlee Gallagher at 80A Maitland Street, Dunedin

How much money was awarded in case 5153265?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $5,270.00 awarded to landlord

What type of tenancy dispute was case 5153265?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5153265?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11713569-Tenancy_Tribunal_Order.pdf.

80A Maitland Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 5153265 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 5153265 — net $4,057.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14.4.2025	$5,270.00	Rent arrears to 14.4.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,057.00
Total payable by Tenant to Landlord	$4,057.00

The tenancy of Che Kimberlee Gallagher at 80A Maitland Street, Dunedin Central, Dunedin 9016 is terminated, and possession is granted to Purple Properties Limited As Agent For Mitchell Enterprises 2013 Limited, at 11.59pm on Wednesday 16 April 2025.

The Bond Centre is to pay the bond of $1,240.00 (BN 00048730)) to Purple Properties Limited As Agent For Mitchell Enterprises 2013 Limited immediately.

Che Kimberlee Gallagher must pay Purple Properties Limited As Agent For Mitchell Enterprises 2013 Limited $4,057.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing by telephone.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The landlord provided rent records which prove that $5,270 is owed as at the hearing date for rent arrears. The records also show that only one payment of rent has been made by the tenant since the tenancy started on 10 December 2024.

The landlord also provided a copy of their letter to the tenant on 7 March 2025 recording a telephone conversation with the tenant that day in which they agreed to accept a repayment arrangement. The tenant was to start making weekly payments of $360, being $310 for current rent and an extra $50 for the arrears commencing from 20 March 2025. However, the rent record shows that the tenant has not made any payments as agreed.

The tenant acknowledged the arrears owed and explained that she has had financial difficulties.

The tenant also claimed that she had filed a cross application against the landlord yesterday but was unable to provide the application number. She said the application regarded the landlord’s failure to provide chattels such as a working fridge. The tenant may still pursue her application, but I am not satisfied that her cross application, if successful, would offset the arrears owed. Furthermore, I am not satisfied that it would be fair to allow the tenancy to continue with such high arrears pending determination of any cross application, given the tenant has not kept to the repayment arrangement she had already agreed with the landlord.

The tenant asked that I consider making a conditional termination order, setting out a repayment arrangement and only terminating the tenancy if she breached the arrangement. Under section 55(1A) Residential Tenancies Act 1986 (RTA), the Tribunal may, instead of making a final termination order for the non- payment of rent under subsection 55(1)(a), make a conditional order if, but only if, it is satisfied that— a. the tenant will pay any rent in arrear within a period specified by the Tribunal; and b. it is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1) applies.

However, I accept the landlord’s submission that based on the payment history so far, they have no confidence that the tenant will keep to any arrangement and the likelihood is that arrears will continue to rise. Therefore, I decline to make an order under s55(1A) RTA.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) RTA.

As the landlord has succeeded with their application, they are entitled to reimbursement of the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5153265 — net $4,057.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14.4.2025	$5,270.00	Rent arrears to 14.4.2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,057.00
Total payable by Tenant to Landlord	$4,057.00

The Bond Centre is to pay the bond of $1,240.00 (BN 00048730)) to Purple Properties Limited As Agent For Mitchell Enterprises 2013 Limited immediately.

Che Kimberlee Gallagher must pay Purple Properties Limited As Agent For Mitchell Enterprises 2013 Limited $4,057.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing by telephone.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

The tenant acknowledged the arrears owed and explained that she has had financial difficulties.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) RTA.

As the landlord has succeeded with their application, they are entitled to reimbursement of the filing fee.

Tenancy Tribunal case 5153265 — Rent arrears at 80A Maitland Street, Dunedin Central, Dunedin 9016

At a glance

Tenancy Tribunal case 5153265 — Rent arrears at 80A Maitland Street, Dunedin Central, Dunedin 9016

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions