How much money was awarded in case 4609409?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,340.00 awarded to landlord; Water Rates: $171.26 awarded to landlord

What type of tenancy dispute was case 4609409?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4609409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9240608-Tribunal_Order.pdf.

How much money was awarded in case 4609409?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,340.00 awarded to landlord; Water Rates: $171.26 awarded to landlord

What type of tenancy dispute was case 4609409?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4609409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9240608-Tribunal_Order.pdf.

39 McKean Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 4609409 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4609409?

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

Order

Claims and awards in Tenancy Tribunal application 4609409 — net $1,531.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,340.00	Rent arrears
Water rates	$171.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,531.70
Total payable by Tenant to Landlord	$1,531.70

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Dipak Kumar and Reshma Sanjani owes Point Property And Portfolio Management Limited $1,531.70 (“the debt”), per the table below:

Dipak Kumar and Reshma Sanjani must pay rent and the debt as follows: a. By 7 weekly payments of $980.00, being $780.00 for rent and $200.00 for the debt. b. A final payment of $911.70, being $780.00 for rent and $131.70 for the debt. c. Payments will be every Saturday, with the first payment due on 29/07/2023 and continuing until 16/09/2023.

Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee. DescriptionLandlord Rent arrears$1,340.00 Water rates$171.26 Filing fee reimbursement$20.44 Total award$1,531.70 Total payable by Tenant to Landlord$1,531.70

If the tenant fails to pay rent and rent arrears within 3 working days of the due dates: a. The tenancy at 39 McKean Avenue, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

If the tenant fails to pay the water rates or filing fee within 3 working days of the due date, the water rates and filing fee will be payable immediately.

Reasons

Both parties attended the hearing, conducted via 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 arrears. On 16 June 2023 the landlord served a 14-day notice on the tenants but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy. This notice to remedy followed a prior Tribunal order that set the payments terms for the debt at that time, but without termination as a consequential clause. The payments as set in that order were generally adhered to but one week was missed due to financial stress.

Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I consider this has been a long tenancy with rent paid regularly. A recent change in the tenants’ financial circumstance presented a challenge to the tenants but they have overcome that and I am satisfied the tenants 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 if it is fully complied with. 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. Application filing fee

Because Point Property And Portfolio Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4609409 — net $1,531.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,340.00	Rent arrears
Water rates	$171.26	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,531.70
Total payable by Tenant to Landlord	$1,531.70

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Dipak Kumar and Reshma Sanjani owes Point Property And Portfolio Management Limited $1,531.70 (“the debt”), per the table below:
Dipak Kumar and Reshma Sanjani must pay rent and the debt as follows: a. By 7 weekly payments of $980.00, being $780.00 for rent and $200.00 for the debt. b. A final payment of $911.70, being $780.00 for rent and $131.70 for the debt. c. Payments will be every Saturday, with the first payment due on 29/07/2023 and continuing until 16/09/2023.
Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee. DescriptionLandlord Rent arrears$1,340.00 Water rates$171.26 Filing fee reimbursement$20.44 Total award$1,531.70 Total payable by Tenant to Landlord$1,531.70
If the tenant fails to pay rent and rent arrears within 3 working days of the due dates: a. The tenancy at 39 McKean Avenue, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the water rates or filing fee within 3 working days of the due date, the water rates and filing fee will be payable immediately.

Reasons

Both parties attended the hearing, conducted via 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 arrears. On 16 June 2023 the landlord served a 14-day notice on the tenants but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy. This notice to remedy followed a prior Tribunal order that set the payments terms for the debt at that time, but without termination as a consequential clause. The payments as set in that order were generally adhered to but one week was missed due to financial stress.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I consider this has been a long tenancy with rent paid regularly. A recent change in the tenants’ financial circumstance presented a challenge to the tenants but they have overcome that and I am satisfied the tenants 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 if it is fully complied with. 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. Application filing fee
Because Point Property And Portfolio Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4609409 — Rent arrears at 39 McKean Avenue, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4609409 — Rent arrears at 39 McKean Avenue, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions