What was the outcome of Tenancy Tribunal case 4627268?

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

How much money was awarded in case 4627268?

Filing Fee: $20.44 awarded to landlord; Property Damage: $368.00 awarded to landlord; Rent Arrears: $2,993.30 awarded to landlord; Rent Arrears: $2,370.00 awarded to landlord; Unpaid Water Charges: $418.65 awarded to landlord

What type of tenancy dispute was case 4627268?

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

Where can I read the official tribunal order for case 4627268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9416156-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4627268?

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

How much money was awarded in case 4627268?

Filing Fee: $20.44 awarded to landlord; Property Damage: $368.00 awarded to landlord; Rent Arrears: $2,993.30 awarded to landlord; Rent Arrears: $2,370.00 awarded to landlord; Unpaid Water Charges: $418.65 awarded to landlord

What type of tenancy dispute was case 4627268?

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

Where can I read the official tribunal order for case 4627268?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9416156-Tenancy_Tribunal_Order.pdf.

11 Funnell Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4627268 — Rent arrears

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11 Funnell Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4627268 — Rent arrears | 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 4627268 — net $6,170.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 17/12/2022 to 02/06/2023	$2,993.30	Rent arrears from 17/12/2022 to 02/06/2023
Rent arrears from 03/06/2023 to 15/09/2023	$2,370.00	Rent arrears from 03/06/2023 to 15/09/2023
Unpaid water charges	$418.65	Unpaid water charges
Glass replacement	$368.00	Glass replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,170.39
Total payable by Tenant to Landlord	$6,170.39

Claims and awards for application 4627268 — net $6,170.39 NZD. Verify on MoJ.

Rent arrears from 17/12/2022 to 02/06/2023

Amount: $2,993.30
Awarded to: Landlord
Reason: Rent arrears from 17/12/2022 to 02/06/2023

Rent arrears from 03/06/2023 to 15/09/2023

Amount: $2,370.00
Awarded to: Landlord
Reason: Rent arrears from 03/06/2023 to 15/09/2023

Unpaid water charges

Amount: $418.65
Awarded to: Landlord
Reason: Unpaid water charges

Glass replacement

Amount: $368.00
Awarded to: Landlord
Reason: Glass replacement

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Margaret Manuopangai owes 3To1 Property Management Limited $6,170.39 (“the debt”), calculated in the table below:

Reasons

The agent for the landlord attended the hearing. The other party did not attend.
The landlord has applied for termination of the tenancy, rent arrears, unpaid water rates, costs to replace the sliding door glass and refund of the bond.

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 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.
In this case, the landlord has served several 14-day notices on the tenant for failure to pay rent when it fell due. The tenant did not remedy the breach within the required period.
In addition, where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Today, the rent arrears is well over 21 days in arrears. The landlord is entitled to termination of the tenancy.
However, the landlord has advised that it has agreed for the tenant to repay the debt, with the assistance of weekly instalment payments from Work and Income, to avoid immediate termination. This is on condition that the tenant continue to pay weekly rent as and when it falls due. The landlord has indicated that for the most part the tenant has kept to this arrangement but expressed concern that some payments had been missed adding to the debt.
The Tribunal sounds a note of caution to the tenant. It is hazardous to persistently have outstanding rent arrears. It is time-consuming and hence costly for the landlord to pursue this debt. A persistent pattern of rent arrears may well result in the Tribunal taking the view that it would be inequitable for the Tribunal to refuse to terminate the tenancy.

How much does the tenant owe?

The landlord provided rent records and Watercare invoices which prove the amounts owing.
The sliding door glass in the living room was broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse 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 4627268 — net $6,170.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 17/12/2022 to 02/06/2023	$2,993.30	Rent arrears from 17/12/2022 to 02/06/2023
Rent arrears from 03/06/2023 to 15/09/2023	$2,370.00	Rent arrears from 03/06/2023 to 15/09/2023
Unpaid water charges	$418.65	Unpaid water charges
Glass replacement	$368.00	Glass replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,170.39
Total payable by Tenant to Landlord	$6,170.39

Claims and awards for application 4627268 — net $6,170.39 NZD. Verify on MoJ.

Rent arrears from 17/12/2022 to 02/06/2023

Amount: $2,993.30
Awarded to: Landlord
Reason: Rent arrears from 17/12/2022 to 02/06/2023

Rent arrears from 03/06/2023 to 15/09/2023

Amount: $2,370.00
Awarded to: Landlord
Reason: Rent arrears from 03/06/2023 to 15/09/2023

Unpaid water charges

Amount: $418.65
Awarded to: Landlord
Reason: Unpaid water charges

Glass replacement

Amount: $368.00
Awarded to: Landlord
Reason: Glass replacement

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Margaret Manuopangai owes 3To1 Property Management Limited $6,170.39 (“the debt”), calculated in the table below:

Reasons

The agent for the landlord attended the hearing. The other party did not attend.
The landlord has applied for termination of the tenancy, rent arrears, unpaid water rates, costs to replace the sliding door glass and refund of the bond.

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 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.
In this case, the landlord has served several 14-day notices on the tenant for failure to pay rent when it fell due. The tenant did not remedy the breach within the required period.
In addition, where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
Today, the rent arrears is well over 21 days in arrears. The landlord is entitled to termination of the tenancy.
However, the landlord has advised that it has agreed for the tenant to repay the debt, with the assistance of weekly instalment payments from Work and Income, to avoid immediate termination. This is on condition that the tenant continue to pay weekly rent as and when it falls due. The landlord has indicated that for the most part the tenant has kept to this arrangement but expressed concern that some payments had been missed adding to the debt.
The Tribunal sounds a note of caution to the tenant. It is hazardous to persistently have outstanding rent arrears. It is time-consuming and hence costly for the landlord to pursue this debt. A persistent pattern of rent arrears may well result in the Tribunal taking the view that it would be inequitable for the Tribunal to refuse to terminate the tenancy.

How much does the tenant owe?

The landlord provided rent records and Watercare invoices which prove the amounts owing.
The sliding door glass in the living room was broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4627268 — Rent arrears at 11 Funnell Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4627268 — Rent arrears at 11 Funnell Place, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions