What was Tenancy Tribunal case 4673090 about?

The tribunal order states: Siope Tava Litova and Lupe Falo Litova owes [The landlord/s] $798.63 (“the

How much money was awarded in case 4673090?

Filing Fee: $20.44 awarded to landlord; Water Rates: $778.19 awarded to landlord

What type of tenancy dispute was case 4673090?

The dispute type was not classified.

Where can I read the official tribunal order for case 4673090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9550270-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4673090 about?

The tribunal order states: Siope Tava Litova and Lupe Falo Litova owes [The landlord/s] $798.63 (“the

How much money was awarded in case 4673090?

Filing Fee: $20.44 awarded to landlord; Water Rates: $778.19 awarded to landlord

What type of tenancy dispute was case 4673090?

The dispute type was not classified.

Where can I read the official tribunal order for case 4673090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9550270-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4673090 — Tenancy dispute

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New Zealand Tenancy Tribunal Case 4673090 — 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 4673090 — net $798.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$778.19	3. The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$798.63
Total payable by Tenant to Landlord	$798.63

Claims and awards for application 4673090 — net $798.63 NZD. Verify on MoJ.

Water rates

Amount: $778.19
Awarded to: Landlord
Reason: 3. The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.

Filing fee reimbursement

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

Net award

Landlord $798.63

Total payable by Tenant to Landlord

Landlord $798.63

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Siope Tava Litova and Lupe Falo Litova owes [The landlord/s] $798.63 (“the debt”).
Siope Tava Litova and Lupe Falo Litova must pay rent and the debt as follows: a. By 11 weekly payments of $920.00, being $850.00 for rent and $70.00 for the debt. b. A final payment of $878.63, being $850.00 for rent and $28.63 for the debt. c. Payments will be every Wednesday, with the first payment on 25/10/2023 and continuing until 10/01/2024.
Payments will be allocated in the following order: rent, water rates arrears, and the filing fee.
If the tenant fails to pay rent and water rates arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended this remote teleconference hearing.
The tenants were represented by their daughter [The tenants’ daughter].
The landlord has applied for termination of the tenancy, water rates arrears 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 by failing to pay water rates. On 2 August 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the tenants have failed to pay water rates for an extended period.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, 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. 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.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been wholly successful and suppression of the landlord details is ordered. The tenant has not been wholly or substantially successful and the application by the tenant is dismissed.

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 4673090 — net $798.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$778.19	3. The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$798.63
Total payable by Tenant to Landlord	$798.63

Claims and awards for application 4673090 — net $798.63 NZD. Verify on MoJ.

Water rates

Amount: $778.19
Awarded to: Landlord
Reason: 3. The landlord has applied for termination of the tenancy, water rates arrears and refund of the bond.

Filing fee reimbursement

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

Net award

Landlord $798.63

Total payable by Tenant to Landlord

Landlord $798.63

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Siope Tava Litova and Lupe Falo Litova owes [The landlord/s] $798.63 (“the debt”).
Siope Tava Litova and Lupe Falo Litova must pay rent and the debt as follows: a. By 11 weekly payments of $920.00, being $850.00 for rent and $70.00 for the debt. b. A final payment of $878.63, being $850.00 for rent and $28.63 for the debt. c. Payments will be every Wednesday, with the first payment on 25/10/2023 and continuing until 10/01/2024.
Payments will be allocated in the following order: rent, water rates arrears, and the filing fee.
If the tenant fails to pay rent and water rates arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

Both parties attended this remote teleconference hearing.
The tenants were represented by their daughter [The tenants’ daughter].
The landlord has applied for termination of the tenancy, water rates arrears 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 by failing to pay water rates. On 2 August 2023 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy as the tenants have failed to pay water rates for an extended period.
Despite my finding that it would be inequitable to refuse to terminate the tenancy, 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. 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.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been wholly successful and suppression of the landlord details is ordered. The tenant has not been wholly or substantially successful and the application by the tenant is dismissed.

Tenancy Tribunal case 4673090 — Tenancy dispute

At a glance

Tenancy Tribunal case 4673090 — Tenancy dispute

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