What was the outcome of Tenancy Tribunal case 4605910?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4605910?

Filing Fee: $20.44 awarded to landlord; Rent To Friday 4 August 2023: $695.00 awarded to landlord; Water Charges: $317.53 awarded to landlord

What type of tenancy dispute was case 4605910?

The dispute type was not classified.

Where can I read the official tribunal order for case 4605910?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9240587-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4605910?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4605910?

Filing Fee: $20.44 awarded to landlord; Rent To Friday 4 August 2023: $695.00 awarded to landlord; Water Charges: $317.53 awarded to landlord

What type of tenancy dispute was case 4605910?

The dispute type was not classified.

Where can I read the official tribunal order for case 4605910?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9240587-Tribunal_Order.pdf.

6 Blackwood Drive, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 4605910 — Tenancy dispute

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

6 Blackwood Drive, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 4605910 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4605910 — net $1,032.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to Friday 4 August 2023	$695.00	Rent to Friday 4 August 2023
Water charges	$317.53	Water charges
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,032.97
Total payable by Tenant to Landlord	$1,032.97

Claims and awards for application 4605910 — net $1,032.97 NZD. Verify on MoJ.

Rent to Friday 4 August 2023

Amount: $695.00
Awarded to: Landlord
Reason: Rent to Friday 4 August 2023

Water charges

Amount: $317.53
Awarded to: Landlord
Reason: Water charges

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,032.97

Total payable by Tenant to Landlord

Landlord $1,032.97

Claim types — money lines allowed on this order

Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jessica Na Lemalu must pay Southern Suburbs Realty Limited $1,032.97 immediately, calculated as shown in the table below:

Reasons

Both parties attended the telephone hearing yesterday, 31 July 2023.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water charges and the filing fee.

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 (section 56(1) of the Residential Tenancies Act 1986).
The landlord served a 14-day notice on 24 May 2023 in respect of rent arrears. The tenant did not remedy the breach within the required period. The landlord explained that the tenant is now paid up to Friday 28 July 2023. There are rent arrears of 3 days. In those circumstances, I am not satisfied that it would be inequitable to refuse to terminate the tenancy.
The landlord has provided rent records and water invoices which prove the amount owing to the end of the current rent week. The tenant said that she was confused about the first payment for water. I note that the water summary included a credit of $38.86 to reflect the correct usage since the start of the tenancy on 4 February 2023.
The tenant said she did not understand how she was behind with the rent and referred to several payments made by WINZ. There are 3 payments of fortnightly rent ($1,390.00) recorded on the rent summary, and a payment for 4 weeks of rent ($2,780.00) on 26 April 2023. But as noted by the landlord, this only paid the rent to 12 May 2023.
The tenant said she is paid fortnightly. It is open to the parties to agree on fortnightly payments, but this would require the tenant to pay $1,390.00 in advance every fortnight. The tenancy agreement currently requires the rent to be paid weekly in advance and the landlord is entitled to insist on weekly payments.
In the absence of evidence (such as bank statements) of payments by the tenant that have been missed in the rent summary, I accept the rent summary as an accurate statement of the rent position. Filing fee
The landlord has established some rent and water arrears. I award the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4605910 — net $1,032.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to Friday 4 August 2023	$695.00	Rent to Friday 4 August 2023
Water charges	$317.53	Water charges
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,032.97
Total payable by Tenant to Landlord	$1,032.97

Claims and awards for application 4605910 — net $1,032.97 NZD. Verify on MoJ.

Rent to Friday 4 August 2023

Amount: $695.00
Awarded to: Landlord
Reason: Rent to Friday 4 August 2023

Water charges

Amount: $317.53
Awarded to: Landlord
Reason: Water charges

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,032.97

Total payable by Tenant to Landlord

Landlord $1,032.97

Claim types — money lines allowed on this order

Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jessica Na Lemalu must pay Southern Suburbs Realty Limited $1,032.97 immediately, calculated as shown in the table below:

Reasons

Both parties attended the telephone hearing yesterday, 31 July 2023.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water charges and the filing fee.

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 (section 56(1) of the Residential Tenancies Act 1986).
The landlord served a 14-day notice on 24 May 2023 in respect of rent arrears. The tenant did not remedy the breach within the required period. The landlord explained that the tenant is now paid up to Friday 28 July 2023. There are rent arrears of 3 days. In those circumstances, I am not satisfied that it would be inequitable to refuse to terminate the tenancy.
The landlord has provided rent records and water invoices which prove the amount owing to the end of the current rent week. The tenant said that she was confused about the first payment for water. I note that the water summary included a credit of $38.86 to reflect the correct usage since the start of the tenancy on 4 February 2023.
The tenant said she did not understand how she was behind with the rent and referred to several payments made by WINZ. There are 3 payments of fortnightly rent ($1,390.00) recorded on the rent summary, and a payment for 4 weeks of rent ($2,780.00) on 26 April 2023. But as noted by the landlord, this only paid the rent to 12 May 2023.
The tenant said she is paid fortnightly. It is open to the parties to agree on fortnightly payments, but this would require the tenant to pay $1,390.00 in advance every fortnight. The tenancy agreement currently requires the rent to be paid weekly in advance and the landlord is entitled to insist on weekly payments.
In the absence of evidence (such as bank statements) of payments by the tenant that have been missed in the rent summary, I accept the rent summary as an accurate statement of the rent position. Filing fee
The landlord has established some rent and water arrears. I award the filing fee.

Tenancy Tribunal case 4605910 — Tenancy dispute at 6 Blackwood Drive, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 4605910 — Tenancy dispute at 6 Blackwood Drive, Wattle Downs, Auckland 2103

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