How much money was awarded in case 4609551?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,240.00 awarded to landlord; Neighbours Window: $199.73 awarded to landlord

What type of tenancy dispute was case 4609551?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4609551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9181776-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4609551?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,240.00 awarded to landlord; Neighbours Window: $199.73 awarded to landlord

What type of tenancy dispute was case 4609551?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4609551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9181776-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4609551 — Rent arrears

Q: What was Tenancy Tribunal case 4609551 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4609551. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,240.00	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee.
Repairs: Neighbours window	$199.73	Repairs: Neighbours window
Filing fee reimbursement	$20.44	Filing fee reimbursement

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Abel Popata and Florence Grima must pay [The landlord/s] $1460.17 immediately, being rent arrears to 13 July 2023.

The tenancy of Abel Popata, Florence Grima [Tenancy address suppressed] is terminated and possession is granted to the Landlord on Monday 17 July 2023 at 9.00am.

The Bond Centre is to pay the bond of $1,460.17 ([Bond number suppressed]) to [The landlord/s] immediately. The balance of the bond shall remain at the Bond Centre.

Reasons

Both parties attended the hearing. Ms Grima, the Tenant appeared but Mr Popata did not.

The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee.

The landlord withdrew their claim for water rates arrears at the hearing.

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 not capable of remedy, the landlord is not expressly required to serve a 14-day breach notice on the tenant. A breach is not capable to remedy where the thing done, or its effect, cannot be undone.

However, unless the breach is serious, the Tribunal usually requires the landlord to have warned the tenant about the likely consequences of continued breach before it will exercise its discretion to terminate.

Over the period of May to June 2023, the Tenants breached their obligations by behaving in an anti-social manner through yelling, excessive loud swearing, loud music, verbal abuse towards each other, harassing and aggressive behaviour towards the neighbours. The Landlord gave two anti-social section 55(A) notices and one section 56 notice addressing their behaviour.

The Landlord submitted email evidence from the neighbour dated 25 May 2023, which said the Tenant “came screaming to my window by the gate, shaking the electric gate aggressively and swearing to the top of his voice at me, because I was sitting by the window”. They describe the Tenants as rowdy, their behaviour as a nuisance and threatening. They were scared of the Tenants and made a Police report regarding this incident.

The Landlord also submitted the breach “cannot be remedied and it would be inequitable for the Tribunal not to terminate the tenancy given the ongoing state of fear that the neighbours are now living in and stress caused to the landlord from their ongoing complaints.”

Ms Grima admitted to arguing with Mr Popata and Mr Popata yelling but she does not recall the loud music or harassing the neighbours. She thought her and Mr Popata were not talking as loudly as the neighbours claim.

The breach is not capable of remedy because the anti-social and aggressive behaviour has happened and cannot be undone.

It would be inequitable to refuse to terminate the tenancy because the anti- social behaviour occurred over a period of two months and did not stop despite notices being provided from the Landlord. Mr Popata behaved in a threatening manner towards the neighbour which is unacceptable. The Tenant’s neighbours are now fearful of Mr Popata.

The Landlord applied for termination pursuant to section 55(A)(2) however the grounds have not been satisfied because the third notice was actually a section 56 notice and the second notice did not state the notice given beforehand. The notice also failed to provide estimated time and location.

How much is owed in rent?

The landlord has applied for rent arrears and has provided rent records which prove the amount owing. Ms Grima agreed to the amount of rent arrears owing but stated they could not pay it. Neighbours window

The Landlord claimed for compensation to repair the neighbouring Tenant’s window which Mr Popata damaged with his car. At the time of the incident, Mr Popata took responsibility for the damage but did not pay for the repair. The landlord has email evidence from the neighbour confirming Mr Popata broke the window and an invoice for the repair.

Ms Grima submitted that she remembers Mr Popata smashing the window but she was not sure if he worked out some payment arrangement with the previous Property Manager so she could not comment.

In considering the evidence, I find it more likely than not that Mr Popata broke the window as confirmed by both parties but did not pay for its repair. The email correspondence of 25 May 2023 from the neighbour and the invoice substantiates the repair costs.

The amounts ordered are proved.

As [The landlord/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee. As the Tenants have not been successful, name suppression is refused.

Order

Claims and awards in Tenancy Tribunal application 4609551. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,240.00	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee.
Repairs: Neighbours window	$199.73	Repairs: Neighbours window
Filing fee reimbursement	$20.44	Filing fee reimbursement

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Abel Popata and Florence Grima must pay [The landlord/s] $1460.17 immediately, being rent arrears to 13 July 2023.

The tenancy of Abel Popata, Florence Grima [Tenancy address suppressed] is terminated and possession is granted to the Landlord on Monday 17 July 2023 at 9.00am.

The Bond Centre is to pay the bond of $1,460.17 ([Bond number suppressed]) to [The landlord/s] immediately. The balance of the bond shall remain at the Bond Centre.

Reasons

Both parties attended the hearing. Ms Grima, the Tenant appeared but Mr Popata did not.

The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and reimbursement of the filing fee.

The landlord withdrew their claim for water rates arrears at the hearing.

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.

The breach is not capable of remedy because the anti-social and aggressive behaviour has happened and cannot be undone.

How much is owed in rent?

Ms Grima submitted that she remembers Mr Popata smashing the window but she was not sure if he worked out some payment arrangement with the previous Property Manager so she could not comment.

The amounts ordered are proved.

As [The landlord/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee. As the Tenants have not been successful, name suppression is refused.

Tenancy Tribunal case 4609551 — Rent arrears

At a glance

Tenancy Tribunal case 4609551 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed in rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed in rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions