What was the outcome of Tenancy Tribunal case 4662949?

The tribunal order states: Kziah Anahera Wairama, Isabell Orangi and Hinetaapora Short must pay

How much money was awarded in case 4662949?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,403.06 awarded to landlord

What type of tenancy dispute was case 4662949?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4662949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9481276-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4662949?

The tribunal order states: Kziah Anahera Wairama, Isabell Orangi and Hinetaapora Short must pay

How much money was awarded in case 4662949?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,403.06 awarded to landlord

What type of tenancy dispute was case 4662949?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4662949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9481276-Tenancy_Tribunal_Order.pdf.

73 Te Kio Crescent, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4662949 — Rent arrears

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73 Te Kio Crescent, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4662949 — 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 4662949 — net $1,423.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears for the period ending 5 October 2023	$1,403.06	Rent arrears for the period ending 5 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,423.50
Total payable by Tenant to Landlord	$1,423.50

Claims and awards for application 4662949 — net $1,423.50 NZD. Verify on MoJ.

Rent arrears for the period ending 5 October 2023

Amount: $1,403.06
Awarded to: Landlord
Reason: Rent arrears for the period ending 5 October 2023

Filing fee reimbursement

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

Net award

Landlord $1,423.50

Total payable by Tenant to Landlord

Landlord $1,423.50

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Kziah Anahera Wairama, Isabell Orangi and Hinetaapora Short must pay Advantage Realty Limited as agent for Naveed Balouch & Uzra Balouch $1,423.50 immediately, calculated as shown in table below.
The application for termination is dismissed.

Reasons

Ms Vellekoop attended the hearing for the landlord. Ms Wairama and Ms Orangi were phoned on the numbers provided but the calls went to voicemail. Ms Short was also phoned on the number provided for her. She initially answered the call but the call was disconnected before the hearing commenced. Subsequent calls to her also went to voicemail.
The landlord has applied for termination of the tenancy, rent arrears, payment of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

The landlord’s application for termination of the tenancy is based on the ground of a persistent failure to pay rent when due. The law relevant on this ground is found in section 55(1)(aa) of the Residential Tenancies Act 1986. That section provides that the Tribunal must terminate a periodic tenancy if: • the rent has been at least five working days in arrears on three separate occasions within a 90-day period; • on each occasion the landlord has given the tenant written notice of the arrears (the notice must comply with the requirements in section 55(1)(aa)(ii) and (iii) of the Act); and • the landlords’ application to the Tribunal for termination was made within 28 days after the landlord gave the third notice.
The landlord gave the tenants three ‘persistent arrears’ notices. The first was dated 7 August 2023, the second 14 August 2023, and the third was issued on 7 September 2023. The landlord filed this application on 22 August 2023. Thus, the landlord did not file their application within 28 days after the third notice was issued.
The application for termination pursuant to section 55(1)(aa) of the Act is therefore dismissed.

How much rent is owing?

The landlord provided a rent record which establishes the amount owing to the end of this rent period.
The landlord has been partially successful in its claim, and I consider this an appropriate case to award it payment of the Tribunal application 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 4662949 — net $1,423.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears for the period ending 5 October 2023	$1,403.06	Rent arrears for the period ending 5 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,423.50
Total payable by Tenant to Landlord	$1,423.50

Claims and awards for application 4662949 — net $1,423.50 NZD. Verify on MoJ.

Rent arrears for the period ending 5 October 2023

Amount: $1,403.06
Awarded to: Landlord
Reason: Rent arrears for the period ending 5 October 2023

Filing fee reimbursement

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

Net award

Landlord $1,423.50

Total payable by Tenant to Landlord

Landlord $1,423.50

Claim types — money lines allowed on this order

Filing Fee Rent arrears

Order

Kziah Anahera Wairama, Isabell Orangi and Hinetaapora Short must pay Advantage Realty Limited as agent for Naveed Balouch & Uzra Balouch $1,423.50 immediately, calculated as shown in table below.
The application for termination is dismissed.

Reasons

Ms Vellekoop attended the hearing for the landlord. Ms Wairama and Ms Orangi were phoned on the numbers provided but the calls went to voicemail. Ms Short was also phoned on the number provided for her. She initially answered the call but the call was disconnected before the hearing commenced. Subsequent calls to her also went to voicemail.
The landlord has applied for termination of the tenancy, rent arrears, payment of the bond, and reimbursement of the filing fee.

Should the tenancy be terminated?

The landlord’s application for termination of the tenancy is based on the ground of a persistent failure to pay rent when due. The law relevant on this ground is found in section 55(1)(aa) of the Residential Tenancies Act 1986. That section provides that the Tribunal must terminate a periodic tenancy if: • the rent has been at least five working days in arrears on three separate occasions within a 90-day period; • on each occasion the landlord has given the tenant written notice of the arrears (the notice must comply with the requirements in section 55(1)(aa)(ii) and (iii) of the Act); and • the landlords’ application to the Tribunal for termination was made within 28 days after the landlord gave the third notice.
The landlord gave the tenants three ‘persistent arrears’ notices. The first was dated 7 August 2023, the second 14 August 2023, and the third was issued on 7 September 2023. The landlord filed this application on 22 August 2023. Thus, the landlord did not file their application within 28 days after the third notice was issued.
The application for termination pursuant to section 55(1)(aa) of the Act is therefore dismissed.

How much rent is owing?

The landlord provided a rent record which establishes the amount owing to the end of this rent period.
The landlord has been partially successful in its claim, and I consider this an appropriate case to award it payment of the Tribunal application fee.

Tenancy Tribunal case 4662949 — Rent arrears at 73 Te Kio Crescent, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 4662949 — Rent arrears at 73 Te Kio Crescent, Papamoa Beach, Papamoa 3118

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much rent is owing?

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 rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions