How much money was awarded in case 5167945?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $921.43 awarded to landlord

What type of tenancy dispute was case 5167945?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5167945?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11716989-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5167945?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $921.43 awarded to landlord

What type of tenancy dispute was case 5167945?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5167945?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11716989-Tenancy_Tribunal_Order.pdf.

33 Berkley Avenue, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 5167945 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5167945?

The tribunal order states: The tenancy of Dene Pearce at 33 Berkley Avenue, Hillcrest, Hamilton 3216 is

Order

Claims and awards in Tenancy Tribunal application 5167945 — net $948.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/04/2025	$921.43	Rent arrears to 14/04/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$948.43
Total payable by Tenant to Landlord	$948.43

The tenancy of Dene Pearce at 33 Berkley Avenue, Hillcrest, Hamilton 3216 is terminated, and possession is granted to Student Rentals New Zealand Limited- T/A As Hatch Property Management, at midnight on Sunday 11 May 2025 subject to the following: a. The tenant is to pay current weekly rent of $600.00 for the remaining period of the tenancy on time. b. If the tenant fails to pay rent when it falls due the tenancy at 33 Berkley Avenue, Hillcrest, Hamilton 3216 will terminate and the landlord will have immediate possession of the premises.

Dene Pearce must pay Student Rentals New Zealand Limited- T/A As Hatch Property Management $948.43 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.

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.

The tenant has breached their obligations by failing to pay rent when it fell due.

The landlord served a 14-day notice on the tenant on 1 November 2024, and the tenant did not remedy the breach within the required period.

It would be inequitable to refuse to terminate the tenancy because: • As at the date of the hearing, the rent arrears remain unpaid in the sum of $921.43. • The landlord submitted a full rent summary in support of the claim and confirmed that the tenant has a history of rent arrears. Evidence was provided that a previous application to the Tribunal (Application 4780219) resulted in a termination order being granted. However, on that occasion the tenant paid the debt in full, and the landlord agreed to allow the tenant to remain in the property. • Since then, the landlord has issued further breach notices for unpaid rent, none of which have been remedied within the required timeframe. The landlord advised that there has been a continued pattern of arrears throughout the tenancy, and while there had been previous efforts at resolution through mediation and Tribunal processes, the situation has not improved.

As such, the statutory grounds for termination have been met.

Although the tenant expressed a wish to remain in the tenancy and acknowledged the landlord’s position, she did not present any concrete proposal or evidence that would enable the Tribunal to conclude the situation will improve or that a further breach would not recur. The landlord, in turn, has offered a generous extension of time, allowing the tenant to remain until midnight on Sunday 11 May 2025, provided rent is paid in full and on time during this period.

The Tribunal acknowledges that termination of a tenancy can create hardship for tenants, particularly where alternative housing arrangements are not yet been secured. The tenant is encouraged to seek assistance from the Ministry of Social Development (MSD), which may be able to help with emergency housing, transitional accommodation, or financial support. The tenant can contact Work and Income on 0800 559 009 or visit their local office. Additional advice and support can also be obtained through the Citizens Advice Bureau (0800 367 222) or Community Law Centres, which can assist with housing and legal matters.

As the landlord has been wholly successful in the application, I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5167945 — net $948.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/04/2025	$921.43	Rent arrears to 14/04/2025
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$948.43
Total payable by Tenant to Landlord	$948.43

Order

The tenancy of Dene Pearce at 33 Berkley Avenue, Hillcrest, Hamilton 3216 is terminated, and possession is granted to Student Rentals New Zealand Limited- T/A As Hatch Property Management, at midnight on Sunday 11 May 2025 subject to the following: a. The tenant is to pay current weekly rent of $600.00 for the remaining period of the tenancy on time. b. If the tenant fails to pay rent when it falls due the tenancy at 33 Berkley Avenue, Hillcrest, Hamilton 3216 will terminate and the landlord will have immediate possession of the premises.
Dene Pearce must pay Student Rentals New Zealand Limited- T/A As Hatch Property Management $948.43 immediately, calculated as shown in the table below:

Reasons

Both parties attended the hearing which was held by teleconference.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

Should the tenancy be terminated?

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. See section 56(1) Residential Tenancies Act 1986.
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.
The tenant has breached their obligations by failing to pay rent when it fell due.
The landlord served a 14-day notice on the tenant on 1 November 2024, and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because: • As at the date of the hearing, the rent arrears remain unpaid in the sum of $921.43. • The landlord submitted a full rent summary in support of the claim and confirmed that the tenant has a history of rent arrears. Evidence was provided that a previous application to the Tribunal (Application 4780219) resulted in a termination order being granted. However, on that occasion the tenant paid the debt in full, and the landlord agreed to allow the tenant to remain in the property. • Since then, the landlord has issued further breach notices for unpaid rent, none of which have been remedied within the required timeframe. The landlord advised that there has been a continued pattern of arrears throughout the tenancy, and while there had been previous efforts at resolution through mediation and Tribunal processes, the situation has not improved.
As such, the statutory grounds for termination have been met.
Although the tenant expressed a wish to remain in the tenancy and acknowledged the landlord’s position, she did not present any concrete proposal or evidence that would enable the Tribunal to conclude the situation will improve or that a further breach would not recur. The landlord, in turn, has offered a generous extension of time, allowing the tenant to remain until midnight on Sunday 11 May 2025, provided rent is paid in full and on time during this period.
The Tribunal acknowledges that termination of a tenancy can create hardship for tenants, particularly where alternative housing arrangements are not yet been secured. The tenant is encouraged to seek assistance from the Ministry of Social Development (MSD), which may be able to help with emergency housing, transitional accommodation, or financial support. The tenant can contact Work and Income on 0800 559 009 or visit their local office. Additional advice and support can also be obtained through the Citizens Advice Bureau (0800 367 222) or Community Law Centres, which can assist with housing and legal matters.
As the landlord has been wholly successful in the application, I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5167945 — Rent arrears at 33 Berkley Avenue, Hillcrest, Hamilton 3216

At a glance

Tenancy Tribunal case 5167945 — Rent arrears at 33 Berkley Avenue, Hillcrest, Hamilton 3216

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions