What was the outcome of Tenancy Tribunal case 4642810?

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

How much money was awarded in case 4642810?

Filing Fee: $20.44 awarded to landlord; Rent Owed: $990.00 awarded to landlord; Water Rates: $78.18 awarded to landlord

What type of tenancy dispute was case 4642810?

The dispute type was not classified.

Where can I read the official tribunal order for case 4642810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9404147-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4642810?

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

How much money was awarded in case 4642810?

Filing Fee: $20.44 awarded to landlord; Rent Owed: $990.00 awarded to landlord; Water Rates: $78.18 awarded to landlord

What type of tenancy dispute was case 4642810?

The dispute type was not classified.

Where can I read the official tribunal order for case 4642810?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9404147-Tenancy_Tribunal_Order.pdf.

21 Poutini Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4642810 — Tenancy dispute

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21 Poutini Place, Manurewa, Auckland 2102 Tenancy Tribunal Case 4642810 — 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 4642810 — net $1,088.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 12 September 2023	$990.00	Rent owed to 12 September 2023
Water rates: to 20 June 2023 by consent	$78.18	2. The landlord applied for termination of the tenancy, rent and water rates arrears and refund of the bond.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,088.62
Total payable by Tenant to Landlord	$1,088.62

Claims and awards for application 4642810 — net $1,088.62 NZD. Verify on MoJ.

Rent owed to 12 September 2023

Amount: $990.00
Awarded to: Landlord
Reason: Rent owed to 12 September 2023

Water rates: to 20 June 2023 by consent

Amount: $78.18
Awarded to: Landlord
Reason: 2. The landlord applied for termination of the tenancy, rent and water rates arrears and refund of the bond.

Filing fee reimbursement

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

Net award

Landlord $1,088.62

Total payable by Tenant to Landlord

Landlord $1,088.62

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Tuiaana Amituanai owes The Rent Shop Limited As Agent For Charles Zhang $1,088.62 (“the debt”) as set out in the table:
Tuiaana Amituanai must pay rent and the debt as follows: a. By weekly payments of $660.00, being $610.00 for rent and $50.00 for the debt. b. Payments will be every Wednesday, with the first payment on 13/09/2023 and continuing until the debt is paid in full. c. Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.

Reasons

Both parties attended the hearing.
The landlord applied for termination of the tenancy, rent and water rates arrears and refund of the bond.
The tenant wants to repay the debt to avoid immediate termination. The landlord wants me to make a conditional termination order with a clause that states the tenancy will end if any payments for rent or the debt are missed.

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 – very unfair - 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 his obligations by not paying rent or water rates. On 21 July 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. I have to decide whether it would be inequitable to refuse to terminate the tenancy.
In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229, the District Court considered s 56(1)(c) RTA and set out a range of factors relevant to whether it would be “inequitable to refuse” to terminate the tenancy: • The history of the tenancy. • Whether there had been a persistent failure after repeated warnings. • Whether the history of breaches is such that it is unlikely the tenant would comply with their obligations in the future. • Whether the breach was inadvertent or deliberately committed. • The conduct of the landlord. • The gravity of the breach. • Whether termination is a proportionate response to the breach.
The landlord submitted a conditional termination order should be made. This is because the tenant did not remedy the 14 day notice and there is a history of rent arrears. The landlord has also had make an application to the Tribunal.
This tenancy started in March 2020. For a lot of the tenancy the tenant has been in credit. I can see that a period of arrears was caught up and paid off over the first half of 2022. Rent was paid every week and was in credit from August 2022 until May 2023. Two rent payments were missed in July 2023 and the landlord filed the application. Before the hearing the tenant and the property manager agreed that an extra $50 or $60 would be paid each week in addition to the weekly rent. Three of those payments have been made. The tenant said he can pay the weekly rent and an extra $50. Rent is 11 days behind today. I am not persuaded there has been a persistent failure to pay rent after repeated warnings or that termination is a proportionate response to the breach.
Having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. The landlord’s application for a conditional termination order is dismissed.
Because the landlord has wholly succeeded with the claim I must 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 4642810 — net $1,088.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 12 September 2023	$990.00	Rent owed to 12 September 2023
Water rates: to 20 June 2023 by consent	$78.18	2. The landlord applied for termination of the tenancy, rent and water rates arrears and refund of the bond.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,088.62
Total payable by Tenant to Landlord	$1,088.62

Claims and awards for application 4642810 — net $1,088.62 NZD. Verify on MoJ.

Rent owed to 12 September 2023

Amount: $990.00
Awarded to: Landlord
Reason: Rent owed to 12 September 2023

Water rates: to 20 June 2023 by consent

Amount: $78.18
Awarded to: Landlord
Reason: 2. The landlord applied for termination of the tenancy, rent and water rates arrears and refund of the bond.

Filing fee reimbursement

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

Net award

Landlord $1,088.62

Total payable by Tenant to Landlord

Landlord $1,088.62

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Tuiaana Amituanai owes The Rent Shop Limited As Agent For Charles Zhang $1,088.62 (“the debt”) as set out in the table:
Tuiaana Amituanai must pay rent and the debt as follows: a. By weekly payments of $660.00, being $610.00 for rent and $50.00 for the debt. b. Payments will be every Wednesday, with the first payment on 13/09/2023 and continuing until the debt is paid in full. c. Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.

Reasons

Both parties attended the hearing.
The landlord applied for termination of the tenancy, rent and water rates arrears and refund of the bond.
The tenant wants to repay the debt to avoid immediate termination. The landlord wants me to make a conditional termination order with a clause that states the tenancy will end if any payments for rent or the debt are missed.

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 – very unfair - 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 his obligations by not paying rent or water rates. On 21 July 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. I have to decide whether it would be inequitable to refuse to terminate the tenancy.
In Vincent Dean Huff v City Central Property Management [2020] NZDC 19229, the District Court considered s 56(1)(c) RTA and set out a range of factors relevant to whether it would be “inequitable to refuse” to terminate the tenancy: • The history of the tenancy. • Whether there had been a persistent failure after repeated warnings. • Whether the history of breaches is such that it is unlikely the tenant would comply with their obligations in the future. • Whether the breach was inadvertent or deliberately committed. • The conduct of the landlord. • The gravity of the breach. • Whether termination is a proportionate response to the breach.
The landlord submitted a conditional termination order should be made. This is because the tenant did not remedy the 14 day notice and there is a history of rent arrears. The landlord has also had make an application to the Tribunal.
This tenancy started in March 2020. For a lot of the tenancy the tenant has been in credit. I can see that a period of arrears was caught up and paid off over the first half of 2022. Rent was paid every week and was in credit from August 2022 until May 2023. Two rent payments were missed in July 2023 and the landlord filed the application. Before the hearing the tenant and the property manager agreed that an extra $50 or $60 would be paid each week in addition to the weekly rent. Three of those payments have been made. The tenant said he can pay the weekly rent and an extra $50. Rent is 11 days behind today. I am not persuaded there has been a persistent failure to pay rent after repeated warnings or that termination is a proportionate response to the breach.
Having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. The landlord’s application for a conditional termination order is dismissed.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4642810 — Tenancy dispute at 21 Poutini Place, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4642810 — Tenancy dispute at 21 Poutini Place, 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