What was Tenancy Tribunal case 4594948 about?

The tribunal order states: Suppression of the Landlord‘s name and identifying details is granted.

How much money was awarded in case 4594948?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4495422 D…: $15,570.44 awarded to landlord; Rent Arrears: $11,121.43 awarded to landlord; Water Rates: $742.26 awarded to landlord

What type of tenancy dispute was case 4594948?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4594948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9169545-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4594948 about?

The tribunal order states: Suppression of the Landlord‘s name and identifying details is granted.

How much money was awarded in case 4594948?

Filing Fee: $20.44 awarded to landlord; Previous Order Application 4495422 D…: $15,570.44 awarded to landlord; Rent Arrears: $11,121.43 awarded to landlord; Water Rates: $742.26 awarded to landlord

What type of tenancy dispute was case 4594948?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4594948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9169545-Tribunal_Order_Redacted.pdf.

46 Ashlynne Avenue, Papatoetoe, Auckland 2025 Tenancy Tribunal Case 4594948 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4594948 — net $27,454.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,121.43	Rent arrears
Previous order application 4495422 dated 07/03/2023	$15,570.44	Previous order application 4495422 dated 07/03/2023
Water rates	$742.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$27,454.57
Total payable by Tenant to Landlord	$27,454.57

Suppression of the Landlord‘s name and identifying details is granted.

The tenancy of Susa Faatupunnu at 46 Ashlynne Avenue, Papatoetoe, Auckland 2025 is terminated, and possession is granted to [The landlord/s], immediately.

Susa Faatupunnu must pay [The landlord/s] $27,454.57 immediately, calculated as shown in table below:

Reasons

Both parties attended the phone hearing. [The Landlord/’s representative] represented the landlord. Ms Faatupunnu attended for part of the hearing. She left the call after the landlord had given evidence, she had responded, and the landlord had started to respond further.

The landlord has applied for termination of the tenancy, rent arrears, water charges, and reimbursement of the filing fee.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed. So the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).

Consideration was given to the tenant’s personal circumstances, whereby she says she is no longer with her partner and only in receipt of $219 per week on a solo benefit, when the weekly rent is $790.00. She says she vacated the premises months ago but did not notify the landlord because she was preoccupied trying to regain custody of one of her children.

The tenant has a history of failing to pay rent when due and making promises for repayment that are not actioned. In March 2023 the Tribunal ordered the tenant to pay rent arrears of $15,550.00 and granted a conditional termination order which was not complied with. See Order 4495422.

As late as 3 May 2023 the tenant advised the landlord she had applied for withdrawal of her Kiwisaver funds to repay the rent owed. She had earlier promised to get Work and Income New Zealand (WINZ) to assist with her payments, but she now says they will not help. These promises explain the delay by the landlord in taking further action to recover rent and the accumulation of substantial rent owed.

The tenant says she has vacated the premises so immediate possession of the premises is granted to the landlord. Although she says she vacated a few months ago she failed to notify the landlord.

What rent is owed?

The landlord provided rent records which prove the amount owing at the end of the tenancy. Because an earlier order has been made for the rent arrears to 10 March 2023, that order is incorporated into this order for enforcement purposes.

What water charges are owed?

The landlord says no water charges have been paid for the duration of the tenancy. She provided a statement form Watercare listing all the water invoices that remain unpaid. These invoices have only charged for water consumed so I find the tenant liable for water rates as ordered above.

Filing fee: Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. See section 102(4)(a) RTA.

Suppression: The landlord seeks suppression of its name and identifying details. Because it hass been successful with its claim, suppression is granted. There is no public interest factor weighing against non publication. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 4594948 — net $27,454.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$11,121.43	Rent arrears
Previous order application 4495422 dated 07/03/2023	$15,570.44	Previous order application 4495422 dated 07/03/2023
Water rates	$742.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$27,454.57
Total payable by Tenant to Landlord	$27,454.57

Order

Suppression of the Landlord‘s name and identifying details is granted.
The tenancy of Susa Faatupunnu at 46 Ashlynne Avenue, Papatoetoe, Auckland 2025 is terminated, and possession is granted to [The landlord/s], immediately.
Susa Faatupunnu must pay [The landlord/s] $27,454.57 immediately, calculated as shown in table below:

Reasons

Both parties attended the phone hearing. [The Landlord/’s representative] represented the landlord. Ms Faatupunnu attended for part of the hearing. She left the call after the landlord had given evidence, she had responded, and the landlord had started to respond further.
The landlord has applied for termination of the tenancy, rent arrears, water charges, and reimbursement of the filing fee.

Should the tenancy be terminated?

Rent was at least 21 days in arrears on the date the application was filed. So the tenancy must be terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
Consideration was given to the tenant’s personal circumstances, whereby she says she is no longer with her partner and only in receipt of $219 per week on a solo benefit, when the weekly rent is $790.00. She says she vacated the premises months ago but did not notify the landlord because she was preoccupied trying to regain custody of one of her children.
The tenant has a history of failing to pay rent when due and making promises for repayment that are not actioned. In March 2023 the Tribunal ordered the tenant to pay rent arrears of $15,550.00 and granted a conditional termination order which was not complied with. See Order 4495422.
As late as 3 May 2023 the tenant advised the landlord she had applied for withdrawal of her Kiwisaver funds to repay the rent owed. She had earlier promised to get Work and Income New Zealand (WINZ) to assist with her payments, but she now says they will not help. These promises explain the delay by the landlord in taking further action to recover rent and the accumulation of substantial rent owed.
The tenant says she has vacated the premises so immediate possession of the premises is granted to the landlord. Although she says she vacated a few months ago she failed to notify the landlord.

What rent is owed?

The landlord provided rent records which prove the amount owing at the end of the tenancy. Because an earlier order has been made for the rent arrears to 10 March 2023, that order is incorporated into this order for enforcement purposes.

What water charges are owed?

The landlord says no water charges have been paid for the duration of the tenancy. She provided a statement form Watercare listing all the water invoices that remain unpaid. These invoices have only charged for water consumed so I find the tenant liable for water rates as ordered above.
Filing fee: Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. See section 102(4)(a) RTA.
Suppression: The landlord seeks suppression of its name and identifying details. Because it hass been successful with its claim, suppression is granted. There is no public interest factor weighing against non publication. See section 95A RTA.

Tenancy Tribunal case 4594948 — Rent arrears at 46 Ashlynne Avenue, Papatoetoe, Auckland 2025

At a glance

Tenancy Tribunal case 4594948 — Rent arrears at 46 Ashlynne Avenue, Papatoetoe, Auckland 2025

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

What rent is owed?

What water charges are owed?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

What rent is owed?

What water charges are owed?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions