What was Tenancy Tribunal case 4625211 about?

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

How much money was awarded in case 4625211?

Filing Fee: $20.44 awarded to landlord; Gas: $6.13 awarded to landlord; Water Rates: $966.92 awarded to landlord

What type of tenancy dispute was case 4625211?

The dispute type was not classified.

Where can I read the official tribunal order for case 4625211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9303948-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4625211 about?

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

How much money was awarded in case 4625211?

Filing Fee: $20.44 awarded to landlord; Gas: $6.13 awarded to landlord; Water Rates: $966.92 awarded to landlord

What type of tenancy dispute was case 4625211?

The dispute type was not classified.

Where can I read the official tribunal order for case 4625211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9303948-Tribunal_Order_Redacted.pdf.

2A Smiths Avenue, Papakura, Papakura 2110 Tenancy Tribunal Case 4625211 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4625211 — net $993.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$966.92	Water rates
Gas	$6.13	Gas
Net award	$993.49
Total payable by Tenant to Landlord	$993.49

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Dyani Pareraututu Tai owes [The landlord/s] $993.49 (“the debt”), per the table below:
Dyani Pareraututu Tai must pay rent and the debt as follows: a. By paying current rent of $650.00 due on Tuesday 22 August 2023 as usual. b. Then, weekly payments of $730.00, being $650.00 for rent and $80.00 for the debt, commencing Tuesday 29 August 2023 and every Tuesday thereafter until the debt is paid. The payments are to be paid directly into the nominated bank account of the landlord.12
Payments will be allocated in the following order: rent, water arrears, gas, and the filing fee.
If the tenant fails to pay rent and water arrears within 2 working days of the due dates: a. The tenancy at 2A Smiths Avenue, Papakura, Papakura 2110 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 gas cost and filing fee within 2 working days of the due date, the gas cost and filing fee will be payable immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
The landlord has applied for termination of the tenancy, water arrears, gas costs, 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 failing to remedy breaches as notified. On 6 June 2023 and again on 3 August 2023 the landlord served 14-day notices on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
A further issue for the landlord has been the ongoing failure of the tenant to pay rent directly to it. The property management changed to the current manager in February 2023. Despite frequent requests of the tenant to arrange for the rent is be paid directly she has failed to arrange this with the paying agency and rent is paid to the previous manager who has to forward it. This is an unacceptable administrative burden on both the previous and current landlord. Further, the rent has recently increased to $650.00 per week and that needs to be recognised by the tenant in her payment arrangement.
Given the history and impact of the tenant’s failure to pay rent to the right account it is considered appropriate to include resolution of this as part of the consequential terms. The commencement of the consequential clauses has been struck to allow the tenant time to make arrangements so that the tenancy may continue. That is her responsibility. She should have the correct bank account but if need be, she is to confirm that with the landlord immediately.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant should be given the opportunity to pay the debt within the period specified in the order, and to the correct bank account of the landlord. 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 [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression. As it has been substantially successful in proceedings suppression is ordered.

Claims and awards in Tenancy Tribunal application 4625211 — net $993.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$966.92	Water rates
Gas	$6.13	Gas
Net award	$993.49
Total payable by Tenant to Landlord	$993.49

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Dyani Pareraututu Tai owes [The landlord/s] $993.49 (“the debt”), per the table below:
Dyani Pareraututu Tai must pay rent and the debt as follows: a. By paying current rent of $650.00 due on Tuesday 22 August 2023 as usual. b. Then, weekly payments of $730.00, being $650.00 for rent and $80.00 for the debt, commencing Tuesday 29 August 2023 and every Tuesday thereafter until the debt is paid. The payments are to be paid directly into the nominated bank account of the landlord.12
Payments will be allocated in the following order: rent, water arrears, gas, and the filing fee.
If the tenant fails to pay rent and water arrears within 2 working days of the due dates: a. The tenancy at 2A Smiths Avenue, Papakura, Papakura 2110 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 gas cost and filing fee within 2 working days of the due date, the gas cost and filing fee will be payable immediately.

Reasons

The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
The landlord has applied for termination of the tenancy, water arrears, gas costs, 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 failing to remedy breaches as notified. On 6 June 2023 and again on 3 August 2023 the landlord served 14-day notices on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
A further issue for the landlord has been the ongoing failure of the tenant to pay rent directly to it. The property management changed to the current manager in February 2023. Despite frequent requests of the tenant to arrange for the rent is be paid directly she has failed to arrange this with the paying agency and rent is paid to the previous manager who has to forward it. This is an unacceptable administrative burden on both the previous and current landlord. Further, the rent has recently increased to $650.00 per week and that needs to be recognised by the tenant in her payment arrangement.
Given the history and impact of the tenant’s failure to pay rent to the right account it is considered appropriate to include resolution of this as part of the consequential terms. The commencement of the consequential clauses has been struck to allow the tenant time to make arrangements so that the tenancy may continue. That is her responsibility. She should have the correct bank account but if need be, she is to confirm that with the landlord immediately.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant should be given the opportunity to pay the debt within the period specified in the order, and to the correct bank account of the landlord. 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 [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord requested suppression. As it has been substantially successful in proceedings suppression is ordered.

Tenancy Tribunal case 4625211 — Tenancy dispute at 2A Smiths Avenue, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4625211 — Tenancy dispute at 2A Smiths Avenue, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions